Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 No., 2018

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1 0-0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 0 No., 0 (Attorney-General) A Bill for an Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 0, and for related purposes

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3 Contents Short title... Commencement... Schedules... 0 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments Family Law Act Federal Court of Australia Act Part Application, saving and transitional provisions Division Application of amendments Division Saving and transitional provisions: Family Law Act amendments Division Saving and transitional provisions: Federal Court of Australia Act amendments Schedule Further consequential amendments Administrative Appeals Tribunal Act Administrative Decisions (Judicial Review) Act Admiralty Act Aged Care Act 0 Age Discrimination Act 00 0 A New Tax System (Family Assistance) (Administration) Act 0 Antarctic Treaty (Environment Protection) Act 0 Archives Act Australian Charities and Not-for-profits Commission Act 0 Australian Crime Commission Act 00 Australian Energy Market Act 00 Australian Human Rights Commission Act Australian Jobs Act 0 Australian Passports Act 00 Australian Securities and Investments Commission Act 00 No., 0 Federal Circuit and Family Court of Australia (Consequential i

4 Australian Security Intelligence Organisation Act Australian Sports Anti-Doping Authority Act 00 Bankruptcy Act Biosecurity Act 0 Broadcasting Legislation Amendment (Broadcasting Reform) Act 0 Broadcasting Services Act Budget Savings (Omnibus) Act 0 Building and Construction Industry (Improving Productivity) Act 0 Building Energy Efficiency Disclosure Act 00 Child Support (Assessment) Act Child Support (Registration and Collection) Act Civil Dispute Resolution Act 0 00 Coal Mining Industry (Long Service Leave) Administration Act 00 Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 0 Coastal Trading (Revitalising Australian Shipping) Act 0 0 Competition and Consumer Act 00 0 Copyright Act 0 Corporations (Aboriginal and Torres Strait Islander) Act 00 0 Corporations Act 00 0 Court Security Act 0 Crimes Act Criminal Code Act Customs Act 0 Defence Act 0 Defence Force (Home Loans Assistance) Act 0 Defence Reserve Service (Protection) Act 00 Designs Act 00 Do Not Call Register Act 00 Education Services for Overseas Students Act ii Federal Circuit and Family Court of Australia (Consequential No., 0

5 Enhancing Online Safety Act 0 0 Evidence Act Extradition Act Fair Work Act 00 Fair Work (Registered Organisations) Act 00 Fair Work (Transitional Provisions and Consequential Amendments) Act 00 Family Court of Western Australia (Orders of Registrars) Act Federal Proceedings (Costs) Act Foreign Acquisitions and Takeovers Act Foreign Evidence Act Freedom of Information Act Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 0 Greenhouse and Energy Minimum Standards Act 0 Healthcare Identifiers Act 00 Higher Education Support Act 00 Horse Disease Response Levy Collection Act 0 Human Rights Legislation Amendment Act 0 Illegal Logging Prohibition Act 0 Income Tax Assessment Act Independent Contractors Act 00 Industrial Chemicals (Notification and Assessment) Act Interactive Gambling Act 00 Judges (Long Leave Payments) Act Judges Pensions Act Judicial and Statutory Officers (Remuneration and Allowances) Act Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 0 Judiciary Act 0 Jurisdiction of Courts (Cross-vesting) Act Law Enforcement Integrity Commissioner Act 00 No., 0 Federal Circuit and Family Court of Australia (Consequential iii

6 Major Sporting Events (Indicia and Images) Protection Act 0 Marriage Act Marriage Amendment (Definition and Religious Freedoms) Act 0 Maternity Leave (Commonwealth Employees) Act Migration Act Mutual Assistance in Criminal Matters Act My Health Records Act 0 Narcotic Drugs Act National Cancer Screening Register Act 0 National Consumer Credit Protection Act 00 National Disability Insurance Scheme Act 0 National Greenhouse and Energy Reporting Act 00 National Health Act National Health Security Act 00 National Measurement Act 0 National Redress Scheme for Institutional Child Sexual Abuse Act 0 0 National Vocational Education and Training Regulator Act 0 0 Offshore Petroleum and Greenhouse Gas Storage Act 00 Ombudsman Act Ozone Protection and Synthetic Greenhouse Gas Management Act Paid Parental Leave Act 00 Parliamentary Business Resources Act 0 Personal Property Securities Act 00 Petroleum and Other Fuels Reporting Act 0 Plant Breeder s Rights Act Privacy Act Proceeds of Crime Act 00 Product Emissions Standards Act 0 Product Stewardship Act 0 Public Interest Disclosure Act 0 iv Federal Circuit and Family Court of Australia (Consequential No., 0

7 Regulatory Powers (Standard Provisions) Act 0 Remuneration and Allowances Act 0 Renewable Energy (Electricity) Act 000 Resale Royalty Right for Visual Artists Act 00 Security of Critical Infrastructure Act 0 Service and Execution of Process Act Shipping Registration Act Social Security Act Stronger Futures in the Northern Territory Act 0 0 Student Assistance Act 0 Taxation Administration Act 0 Tertiary Education Quality and Standards Agency Act 0 Therapeutic Goods Act Tobacco Plain Packaging Act 0 Trade Marks Act Trans-Tasman Proceedings Act 00 VET Student Loans Act 0 Water Act 00 Water Efficiency Labelling and Standards Act 00 Work Health and Safety Act 0 Schedule Consequential amendments to delegated legislation 0 Part Fees 0 Family Law (Fees) Regulation 0 0 Federal Court and Federal Circuit Court Regulation 0 Part Other amendments 0 Administrative Decisions (Judicial Review) Regulations 0 0 Australian Crime Commission Regulations 00 0 Automotive Transformation Scheme Regulations 00 0 Bankruptcy Regulations 0 Designs Regulations 00 0 No., 0 Federal Circuit and Family Court of Australia (Consequential v

8 Extradition Regulations 0 Fair Work (Registered Organisations) Regulations 00 0 Fair Work Regulations 00 0 Fair Work (Transitional Provisions and Consequential Amendments) Regulations 00 0 Family Law (Child Abduction Convention) Regulations 0 Family Law (Child Protection Convention) Regulations 00 0 Family Law (Family Dispute Resolution Practitioners) Regulations 00 0 Family Law (Hague Convention on Intercountry Adoption) Regulations Family Law Regulations Federal Court (Criminal Proceedings) Rules 0 Federal Proceedings (Costs) Regulations 0 Financial Framework (Supplementary Powers) Regulations Jury Exemption Regulations Legislation (Exemptions and Other Matters) Regulation 0 Mutual Assistance in Criminal Matters Regulations National Consumer Credit Protection Regulations 00 0 Superannuation (CSS) Eligible Employees Regulations 0 Trans-Tasman Proceedings Regulation 0 0 Schedule Repeal of the Federal Circuit Court of Australia Act Part Repeals Federal Circuit Court of Australia Act Part Saving and transitional provisions Schedule Contingent amendments Part Civil Law and Justice Legislation Amendment Act 0 Family Law Act Federal Circuit and Family Court of Australia Act 0 vi Federal Circuit and Family Court of Australia (Consequential No., 0

9 Part Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 0 Enhancing Online Safety Act 0 Part Export Control Act 0 Export Control Act 0 Part Export Legislation Amendment (Live-stock) Act 0 0 Australian Meat and Live-stock Industry Act 0 Export Control Act 0 Part Fair Work Amendment (Repeal of Yearly Reviews and Other Measures) Act 0 Fair Work Act 00 Part Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 0 Fair Work Act 00 Part Family Law Amendment (Family Violence and Cross-examination of Parties) Act 0 Family Law Act Part Family Law Amendment (Family Violence and Other Measures) Act 0 Division Amendments commencing after the Family Law Amendment (Family Violence and Other Measures) Act 0 Family Law Act Federal Circuit and Family Court of Australia Act 0 Division Amendments required if this Act commences before the Family Law Amendment (Family Violence and Other Measures) Act 0 Family Law Act Division Amendments required if this Act commences after the Family Law Amendment (Family Violence and Other Measures) Act 0 Family Law Act No., 0 Federal Circuit and Family Court of Australia (Consequential vii

10 Part Family Law Amendment (Parenting Management Hearings) Act 0 Family Law Act Federal Circuit and Family Court of Australia Act 0 0 Federal Court of Australia Act Part 0 Government Procurement (Judicial Review) Act 0 Government Procurement (Judicial Review) Act 0 Part Industrial Chemicals Act 0 Industrial Chemicals Act 0 Part Imported Food Control Amendment Act 0 Imported Food Control Act Part Intellectual Property Laws Amendment (Productivity Commission Response Part and Other Measures) Act 0 Division Main amendments Plant Breeder s Rights Act Division Application provisions Intellectual Property Laws Amendment (Productivity Commission Response Part and Other Measures) Act 0 Part Legislation Amendment (Sunsetting Review and Other Measures) Act 0 Division Amendments commencing after the Legislation Amendment (Sunsetting Review and Other Measures) Act 0 Federal Circuit and Family Court of Australia Act 0 Division Amendments required if this Act commences before the Legislation Amendment (Sunsetting Review and Other Measures) Act 0 Federal Court and Federal Circuit Court Regulation 0 viii Federal Circuit and Family Court of Australia (Consequential No., 0

11 Division Amendments required if this Act commences after the Legislation Amendment (Sunsetting Review and Other Measures) Act 0 Federal Court and Federal Circuit Court Regulation 0 Part Marine Safety (Domestic Commercial Vessel) Levy Collection Act 0 0 Marine Safety (Domestic Commercial Vessel) Levy Collection Act 0 0 Part Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0 Offshore Petroleum and Greenhouse Gas Storage Act 00 Part Public Sector Superannuation Legislation Amendment Act 0 Federal Circuit and Family Court of Australia Act 0 Part Road Vehicle Standards Act 0 Road Vehicle Standards Act 0 Part Space Activities Amendment (Launches and Returns) Act 0 Space Activities Act Part 0 Telecommunications Legislation Amendment (Competition and Consumer) Act 0 Telecommunications Act Telecommunications (Consumer Protection and Service Standards) Act Part Underwater Cultural Heritage Act 0 Underwater Cultural Heritage Act 0 Schedule Amendments to the Federal Court Rules 0 Federal Court Rules 0 Schedule Modifications to the standard Rules of Court for the Federal Circuit and Family Court of Australia (Division ) No., 0 Federal Circuit and Family Court of Australia (Consequential ix

12 Schedule Modifications to Rules of Court for the Federal Circuit and Family Court of Australia (Division ) 0 Part Modifications of the Federal Circuit Court Rules 00 0 Part Modifications of the Federal Circuit Court (Bankruptcy) Rules 0 Schedule Amendments to the standard Rules of Court Family Law Rules 00 Schedule 0 Transitional provisions Part Introduction Part Continuity of the Family Court of Australia, and Judges and personnel of the Court Part Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court Part Transitional arrangements for appeals Division Appeals or applications not made, but time for making appeal or application not expired Division Matters not substantively heard before January 0 Division Matters substantively heard, in whole or in part, before January 0 0 Division Miscellaneous Part Miscellaneous x Federal Circuit and Family Court of Australia (Consequential No., 0

13 A Bill for an Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 0, and for related purposes The Parliament of Australia enacts: Short title This Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 0. No., 0 Federal Circuit and Family Court of Australia (Consequential

14 Commencement () Each provision of this Act specified in column of the table commences, or is taken to have commenced, in accordance with column of the table. Any other statement in column has effect according to its terms. Commencement information Column Column Column Provisions Commencement Date/Details. Sections to and anything in this Act not elsewhere covered by this table. Schedules to. Schedule, Part. Schedule, Part. Schedule, Part The day this Act receives the Royal Assent. January 0. January 0 The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Civil Law and Justice Legislation Amendment Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Immediately after the commencement of Schedule to the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 0. However, the provisions do not commence at all if Schedule to the Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 0 commences before January 0. The later of: (a) January 0; and (b) immediately after the commencement of section of the Export Control Act 0. Federal Circuit and Family Court of Australia (Consequential No., 0

15 Commencement information Column Column Column Provisions Commencement Date/Details. Schedule, Part. Schedule, Part. Schedule, Part. Schedule, Part However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Export Legislation Amendment (Live-stock) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Fair Work Amendment (Repeal of Yearly Reviews and Other Measures) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Immediately after the commencement of item of Schedule to the Fair Work Laws Amendment (Proper Use of Work Benefits) Act 0. However, the provisions do not commence at all if item of Schedule to the Fair Work Laws Amendment (Proper Use of Work Benefits) Act 0 commences before January 0. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Family Law Amendment (Family Violence and Cross-examination of Parties) Act 0. No., 0 Federal Circuit and Family Court of Australia (Consequential

16 Commencement information Column Column Column Provisions Commencement Date/Details 0. Schedule, Part, Division. Schedule, Part, Division. Schedule, Part, Division. Schedule, Part. Schedule, Part 0 However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Family Law Amendment (Family Violence and Other Measures) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Immediately after the commencement of Part of Schedule to the Family Law Amendment (Family Violence and Other Measures) Act 0. However, the provisions do not commence at all if Part of Schedule to the Family Law Amendment (Family Violence and Other Measures) Act 0 commences before January 0. January 0. January 0 The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Family Law Amendment (Parenting Management Hearings) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Federal Circuit and Family Court of Australia (Consequential No., 0

17 Commencement information Column Column Column Provisions Commencement Date/Details section of the Government Procurement (Judicial Review) Act 0.. Schedule, Part. Schedule, Part. Schedule, Part. Schedule, Part, Division However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of section of the Industrial Chemicals Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Imported Food Control Amendment Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Intellectual Property Law Amendment (Productivity Commission Response Part and Other Measures) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Legislation Amendment No., 0 Federal Circuit and Family Court of Australia (Consequential

18 Commencement information Column Column Column Provisions Commencement Date/Details (Sunsetting Review and Other Measures) Act 0.. Schedule, Part, Division 0. Schedule, Part, Division. Schedule, Part. Schedule, Part, item 0 However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Immediately after the commencement of Schedule to the Legislation Amendment (Sunsetting Review and Other Measures) Act 0. However, the provisions do not commence at all if Schedule to the Legislation Amendment (Sunsetting Review and Other Measures) Act 0 commences before January 0. January 0. January 0 The later of: (a) January 0; and (b) immediately after the commencement of section of the Marine Safety (Domestic Commercial Vessel) Levy Collection Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule 0 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Federal Circuit and Family Court of Australia (Consequential No., 0

19 Commencement information Column Column Column Provisions Commencement Date/Details. Schedule, Part, item. Schedule, Part, item. Schedule, Part, item. Schedule, Part, item The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule 0 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule 0 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous No., 0 Federal Circuit and Family Court of Australia (Consequential

20 Commencement information Column Column Column Provisions Commencement Date/Details Amendments) Act 0.. Schedule, Part, item. Schedule, Part, items and. Schedule, Part 0. Schedule, Part However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule 0 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Part of Schedule to the Public Sector Superannuation Legislation Amendment Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and Federal Circuit and Family Court of Australia (Consequential No., 0

21 Commencement information Column Column Column Provisions Commencement Date/Details. Schedule, Part. Schedule, Part 0. Schedule, Part. Schedules to 0 (b) immediately after the commencement of section of the Road Vehicle Standards Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Space Activities Amendment (Launches and Returns) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of Schedule to the Telecommunications Legislation Amendment (Competition and Consumer) Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: (a) January 0; and (b) immediately after the commencement of section of the Underwater Cultural Heritage Act 0. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. January 0. January 0 No., 0 Federal Circuit and Family Court of Australia (Consequential

22 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. 0 0 () Any information in column of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Schedules () Legislation that is specified in a Schedule to this Act (other than Schedules and ) is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act (other than Schedules and ) has effect according to its terms. Note: The provisions of a regulation or other instrument amended or inserted by this Act, and any other provisions of the regulation or instrument, may be amended or repealed by another instrument made under the relevant authority in the relevant Act (see subsection () of the Legislation Act 00). () Legislation that is specified in Schedules and to this Act is modified as set out in the applicable items in the Schedule concerned, and any other item in those Schedules has effect according to its terms. Note: In Schedules and, Rules of Court are modified in respect of their application to the Federal Circuit and Family Court of Australia, without amending their text. 0 Federal Circuit and Family Court of Australia (Consequential No., 0

23 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part 0 0 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments Family Law Act Subsection () Omit, the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears, substitute and the applicable Rules of Court. Subsection () Repeal the following definitions: (a) definition of administrative affairs; (b) definition of appeal; (c) definition of Appeal Division. Subsection () (definition of applicable Rules of Court) Repeal the definition, substitute: applicable Rules of Court: (a) in relation to the Family Law Appeal Division of the Federal Court of Australia means the Federal Court Rules; and (b) in relation to the Federal Circuit and Family Court of Australia (Division ) means the Federal Circuit and Family Court of Australia (Division ) Rules; and (c) in relation to the Federal Circuit and Family Court of Australia (Division ) means the related Federal Circuit and Family Court of Australia (Division ) Rules; and (d) in relation to any other court means the standard Rules of Court. Subsection () (definition of Chief Executive Officer) Repeal the definition, substitute: No., 0 Federal Circuit and Family Court of Australia (Consequential

24 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Court of Australia. Subsection () Repeal the following definitions: (a) definition of Chief Justice; (b) definition of complaint; (c) definition of complaint handler; (d) definition of corporate services. Subsection () (at the end of the definition of court) Add, the Federal Court of Australia Act, the Federal Circuit and Family Court of Australia Act 0, the Child Support (Assessment) Act or the Child Support (Registration and Collection) Act. Subsection () (definition of Deputy Chief Justice) Repeal the definition. Subsection () Insert: Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division ); or (b) the Federal Circuit and Family Court of Australia (Division ). Federal Circuit and Family Court of Australia (Division ) Rules means the Rules of Court made under Chapter of the Federal Circuit and Family Court of Australia Act 0. Subsection () Repeal the following definitions: (a) definition of Federal Circuit Court; (b) definition of Federal Circuit Court Chief Executive Officer. 0 Subsection () Insert: Federal Circuit and Family Court of Australia (Consequential No., 0

25 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part Federal Court Rules means the Rules of Court made under the Federal Court of Australia Act to the extent that those Rules relate to the exercise of the Federal Court of Australia s jurisdiction in the Family Law Appeal Division. Subsection () Repeal the following definitions: (a) definition of Full Court; (b) definition of General Division; (c) definition of handle. Subsection () (definition of Registrar) Repeal the definition, substitute: Registrar means: (a) in relation to the Federal Circuit and Family Court of Australia (Division ) a Registrar of the Court; or (b) in relation to the Federal Circuit and Family Court of Australia (Division ) a Registrar of the Court; or (c) in relation to any other court the principal legal officer of the court or any other appropriate officer of the court. Subsection () (definition of Registry Manager) Repeal the definition, substitute: Registry Manager: (a) in relation to the Federal Circuit and Family Court of Australia (Division ), means a Registry Manager of the Court; and (b) in relation to the Federal Circuit and Family Court of Australia (Division ), means a Registry Manager of the Court; and (c) in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court. Subsection () Insert: No., 0 Federal Circuit and Family Court of Australia (Consequential

26 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments related Federal Circuit and Family Court of Australia (Division ) Rules means the Rules of Court made under Chapter of the Federal Circuit and Family Court of Australia Act 0 to the extent to which they relate to this Act. Subsection () Repeal the following definitions: (a) definition of related Federal Circuit Court Rules; (b) definition of relevant belief; (c) definition of split court. Subsection () (definition of warrant issued under a provision of this Act) Omit standard Rules of Court or the related Federal Circuit Court Rules, substitute applicable Rules of Court. Subsection (A) Repeal the subsection, substitute: (A) In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section applies. Subsections () and (A) Omit, the standard Rules of Court or the related Federal Circuit Court Rules, substitute or the applicable Rules of Court. Subsection () Repeal the subsection, substitute: () To avoid doubt, for all purposes: (a) jurisdiction under a provision of the Federal Court of Australia Act or the Federal Circuit and Family Court of Australia Act 0 referring to this Act is taken to be jurisdiction under this Act; and (b) jurisdiction under section 0 of the Child Support (Assessment) Act and under section 0 of the Child Support (Registration and Collection) Act is taken to be jurisdiction under this Act; and Federal Circuit and Family Court of Australia (Consequential No., 0

27 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part (c) jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and (d) proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and (e) an order (however described) made by a court under the applicable Rules of Court is taken to be an order made by the court under this Act. 0 Subsection () Repeal the subsection, substitute: () After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act. Section Repeal the section. Paragraphs 0C()(c) and (d) Repeal the paragraphs, substitute: (c) a person who is authorised to act under section of the Federal Circuit and Family Court of Australia Act 0 as a family counsellor; or Paragraphs 0G()(c) and (d) Repeal the paragraphs, substitute: (c) a person who is authorised to act under section of the Federal Circuit and Family Court of Australia Act 0 as a family dispute resolution practitioner; or Section 0P Omit Family Court, substitute Federal Circuit and Family Court of Australia (Division ). Section B (note) Omit See Division A of Part IVA of this Act, substitute See Part of Chapter of the Federal Circuit and Family Court of Australia Act 0. No., 0 Federal Circuit and Family Court of Australia (Consequential

28 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments 0 0 Subsection C() (note ) Omit subsection BD(), substitute subsection () of the Federal Circuit and Family Court of Australia Act 0. Section D Omit Family Court, substitute Federal Circuit and Family Court of Australia (Division ). Subparagraphs E()(e)(i) and (ia) Repeal the subparagraphs, substitute: (i) if the court is the Federal Circuit and Family Court of Australia a family consultant nominated by the Chief Executive Officer; or Subparagraph E()(e)(iii) Omit, (ia). 0 Section G (heading) Omit Family Court and Federal Circuit Court, substitute Federal Circuit and Family Court of Australia. Paragraphs G()(a), (b) and (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia; or (b) a single judge of the Family Court of a State. Subsection G() Omit Federal Circuit Court of Australia, substitute Federal Circuit and Family Court of Australia. Section J (heading) Omit Family Court or Federal Circuit Court, substitute Federal Circuit and Family Court of Australia. Paragraphs J()(a), (b) and (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia; or Federal Circuit and Family Court of Australia (Consequential No., 0

29 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part 0 0 (b) a single judge of the Family Court of a State. Subsection J() Omit Federal Circuit Court of Australia (wherever occurring), substitute Federal Circuit and Family Court of Australia. Section K (heading) Omit Family Court and Federal Circuit Court, substitute Federal Circuit and Family Court of Australia. Paragraphs K()(a) and (b) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division ); or (b) the Federal Circuit and Family Court of Australia (Division ); or Parts IV and IVA Repeal the Parts. Paragraph ()(a) Repeal the paragraph, substitute: (a) in the Federal Circuit and Family Court of Australia; or 0 Subsection (A) Repeal the subsection. Subsection () Omit Family Court, substitute Federal Circuit and Family Court of Australia. Paragraph ()(b) Repeal the paragraph. Paragraph ()(d) Repeal the paragraph, substitute: (d) proceedings are instituted under: No., 0 Federal Circuit and Family Court of Australia (Consequential

30 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments (i) regulations made for the purposes of section 0, 0,, A or B; or (ii) regulations made for the purposes of paragraph ()(f) or (g); or (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or Subsections (AA) and (A) Repeal the subsections. Paragraph ()(b) Repeal the paragraph. Paragraph ()(d) Repeal the paragraph, substitute: (d) proceedings are instituted under: (i) regulations made for the purposes of section 0, 0,, A or B; or (ii) regulations made for the purposes of paragraph ()(f) or (g); or (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or At the end of subsection () Add or the Federal Circuit and Family Court of Australia Act 0. Paragraphs A()(a) and (b) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia; or Paragraphs B()(a) and (b) Repeal the paragraphs, substitute: Federal Circuit and Family Court of Australia (Consequential No., 0

31 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part (a) the Federal Circuit and Family Court of Australia; and 0 Subsection B() (notes and ) Repeal the notes, substitute: Note : The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia is subject to section 0. Section G Repeal the section, substitute: G Jurisdiction in relation to transferred matters under other Commonwealth laws If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act or the Federal Circuit and Family Court of Australia Act 0 to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter. Section 0 (heading) Omit Family Court, substitute Federal Circuit and Family Court of Australia. Subsection 0() Omit Family Court under this Act, substitute Federal Circuit and Family Court of Australia under this Act or the Federal Circuit and Family Court of Australia Act 0. Subsection 0() Omit all the words after have been instituted in, substitute: the Federal Circuit and Family Court of Australia, may apply to: (a) the Federal Circuit and Family Court of Australia (Division ) for an order transferring the proceedings to the Court, and the Court may order accordingly; or (b) the Federal Circuit and Family Court of Australia (Division ) for an order transferring the proceedings to the Court, and the Court may order accordingly. No., 0 Federal Circuit and Family Court of Australia (Consequential

32 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments 0 0 Subsection 0() Omit standard Rules of Court, substitute Federal Circuit and Family Court of Australia (Division ) Rules and the related Federal Circuit and Family Court of Australia (Division ) Rules. Section 0A Repeal the section. Subsection () Omit,, and, substitute,, A and B of this Act and subsection () of the Federal Court of Australia Act. Subsection () Omit standard Rules of Court, substitute applicable Rules of Court. Subsection () Omit The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, substitute A court exercising jurisdiction under this Act must. 0 Subparagraph (B)(a)(ii) Omit Family Court, the Federal Circuit Court of Australia, substitute Federal Circuit and Family Court of Australia. Subparagraph (B)(a)(iii) Omit Family Court, the Federal Circuit Court of Australia, substitute Federal Circuit and Family Court of Australia. Subsection () Omit or are being continued in accordance with any of the provisions of section and it appears to that court that other proceedings that have been so instituted or are being so continued, substitute and it appears to that court that other proceedings that have been so instituted. Subsection () Omit or are being continued in accordance with any of the provisions of section. 0 Federal Circuit and Family Court of Australia (Consequential No., 0

33 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part Paragraphs ()(a) and (b) Repeal the paragraphs, substitute: (a) the first-mentioned court is the Federal Circuit and Family Court of Australia (Division ) and the other court is the Federal Circuit and Family Court of Australia (Division ); or (b) the first-mentioned court is the Federal Circuit and Family Court of Australia (Division ) and the other court is the Federal Circuit and Family Court of Australia (Division ). Subsection () (notes and ) Repeal the notes, substitute: Note : For transfers from the Federal Circuit and Family Court of Australia (Division ) to the Federal Circuit and Family Court of Australia (Division ), see section of the Federal Circuit and Family Court of Australia Act 0. Note : For transfers from the Federal Circuit and Family Court of Australia (Division ) to the Federal Circuit and Family Court of Australia (Division ), see section of the Federal Circuit and Family Court of Australia Act 0. Subparagraphs ()(a)(i) to (iii) Repeal the subparagraphs, substitute: (i) the Federal Circuit and Family Court of Australia (Division ); or (ii) a Family Court of a State; or (iii) the Supreme Court of a State or Territory; and Subparagraphs ()(b)(i) to (iii) Repeal the subparagraphs, substitute: (i) the Federal Circuit and Family Court of Australia (Division ); or (ii) a Family Court of a State; or (iii) the Supreme Court of a State or Territory. Paragraphs (C)(a) to (c) Repeal the paragraphs, substitute: No., 0 Federal Circuit and Family Court of Australia (Consequential

34 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments (a) the Federal Circuit and Family Court of Australia (Division ); or (b) a Family Court of a State; or (c) the Supreme Court of a State or Territory. Paragraphs (A)(c) to (e) Repeal the paragraphs, substitute: (c) the Federal Circuit and Family Court of Australia (Division ); or (d) a Family Court of a State; or (e) the Supreme Court of a State or Territory. 0 Subsection (A) Omit, or continued under section,. Paragraphs (A)(a) to (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division ); (b) a Family Court of a State; (c) the Supreme Court of a State or Territory; At the end of Part V Add: Division Appeals A Appeals from courts of summary jurisdiction () Subject to section B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under: (a) this Act; or (b) the Child Support (Assessment) Act ; or (c) the Child Support (Registration and Collection) Act ; to: (d) the Federal Circuit and Family Court of Australia; or Federal Circuit and Family Court of Australia (Consequential No., 0

35 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part (e) the Supreme Court of that State or Territory. () An appeal under subsection () must be instituted within: (a) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division ): (i) the time prescribed by the Federal Circuit and Family Court (Division ) Rules; or (ii) such further time as is allowed in accordance with the Federal Circuit and Family Court (Division ) Rules; and (b) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division ): (i) the time prescribed by the related Federal Circuit and Family Court (Division ) Rules; or (ii) such further time as is allowed in accordance with the related Federal Circuit and Family Court (Division ) Rules; and (c) in any other case: (i) the time prescribed by the standard Rules of Court; or (ii) such further time as is allowed in accordance with the standard Rules of Court. () The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section. Note: For jurisdiction in relation to child support legislation, see section 0 of the Child Support (Assessment) Act and section 0 of the Child Support (Registration and Collection) Act. () The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes. () The court hearing an appeal under this section: (a) must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any No., 0 Federal Circuit and Family Court of Australia (Consequential

36 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments affidavit filed or exhibit received, in the court of summary jurisdiction; and (b) must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given: (i) by affidavit; or (ii) by oral examination before the court; or (iii) as provided for in Division of Part XI; and (c) may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal. B Leave to appeal needed for child support matters () Leave of the Federal Circuit and Family Court of Australia (Division ) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under: (a) the Child Support (Assessment) Act ; or (b) the Child Support (Registration and Collection) Act. () Leave of the Federal Circuit and Family Court of Australia (Division ) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under: (a) the Child Support (Assessment) Act ; or (b) the Child Support (Registration and Collection) Act. () Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under: (a) the Child Support (Assessment) Act ; or (b) the Child Support (Registration and Collection) Act. () An application for leave to appeal must be made within: (a) in the case of leave of the Federal Circuit and Family Court of Australia (Division ): Federal Circuit and Family Court of Australia (Consequential No., 0

37 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part (i) the time prescribed by the Federal Circuit and Family Court (Division ) Rules; or (ii) such further time as is allowed in accordance with the Federal Circuit and Family Court (Division ) Rules; and (b) in the case of leave of the Federal Circuit and Family Court of Australia (Division ): (i) the time prescribed by the related Federal Circuit and Family Court (Division ) Rules; or (ii) such further time as is allowed in accordance with the related Federal Circuit and Family Court (Division ) Rules; and (c) in any other case: (i) the time prescribed by the standard Rules of Court; or (ii) such further time as is allowed in accordance with the standard Rules of Court. () The applicable Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. C Appeal may be dismissed if no reasonable prospect of success () If: (a) an appeal has been instituted in a court under this Division; and (b) it appears to the court that the appeal has no reasonable prospect of success; the court may, at any time, order that the proceedings on the appeal be dismissed. () This section does not limit any powers that the court has apart from this section. D Appeals to High Court may not be brought () An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act: (a) a court of summary jurisdiction of a State or Territory; No., 0 Federal Circuit and Family Court of Australia (Consequential

38 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments (b) a Family Court of a State; (c) a Supreme Court of a State or Territory constituted by a single Judge. Note: In relation to the Federal Circuit and Family Court of Australia, see sections and of the Federal Circuit and Family Court of Australia Act 0. () If, apart from this subsection, subsection () is to any extent inconsistent with section of the Constitution, this Act has effect as if the words, except by special leave of the High Court were inserted after the words this Act in subsection (). E Regulations to be sole source of certain appellate jurisdiction Despite the provisions of this Division, a court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section C of the Family Law Act only as provided by those regulations. Subsection () (paragraphs (d) and (e) of the definition of appeal) Repeal the paragraphs, substitute: (d) a review by the Federal Circuit and Family Court of Australia (Division ) of the making, by the Chief Executive Officer, or a Registrar or Deputy Registrar of that Court, of: (i) the divorce order; or (ii) an order under section A in relation to the proceedings in which the divorce order was made; or (iii) an order determining an application under section or for rescission of the divorce order; or (e) a review by the Federal Circuit and Family Court of Australia (Division ) of the making, by the Chief Executive Officer, or a Registrar of that Court, of: (i) the divorce order; or (ii) an order under section A in relation to the proceedings in which the divorce order was made; or (iii) an order determining an application under section or for rescission of the divorce order; or Federal Circuit and Family Court of Australia (Consequential No., 0

39 Amendments relating to the Federal Circuit and Family Court of Australia Schedule Amendments Part 0 0 Subsection () Omit all the words after certificate, substitute: that certifies that the divorce order has taken effect and is signed by: (a) if the court is the Federal Circuit and Family Court of Australia (Division ) the Chief Executive Officer, or a Registrar or Deputy Registrar of the Court; or (b) if the court is the Federal Circuit and Family Court of Australia (Division ) the Chief Executive Officer, or a Registrar of the Court; or (c) in relation to any other court the Registrar of that court. At the end of Part VI Add: 0 No appeal after divorce order takes effect An appeal does not lie from a divorce order after the order takes effect. Subsection 0F() (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. Section 0G (heading) Omit Family Court may grant leave, substitute Leave may be granted. Subsection 0G() Omit Family Court (first occurring), substitute Federal Circuit and Family Court of Australia. Subsection 0H() (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. No., 0 Federal Circuit and Family Court of Australia (Consequential

40 Schedule Amendments relating to the Federal Circuit and Family Court of Australia Part Amendments Subsection 0HA() (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. Subsection 0HB() (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. Subsections 0I() to () Repeal the subsections. Subsection 0I() (heading) Repeal the heading, substitute: Applications for a Part VII order Paragraph 0J()(a) Omit subsections 0I() and (), substitute subsection 0I(). Subsection B() (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. Subsection D() (note) Repeal the note, substitute: Note : The applicant may apply to the Federal Circuit and Family Court of Australia (Division ) for the application for the parenting order or for the proceedings under Subdivision E of Division A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division ): see section of the Federal Circuit and Family Court of Australia Act 0. Note : The applicant may apply to the Federal Circuit and Family Court of Australia (Division ) for the application for the parenting order or for the proceedings under Subdivision E of Division A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division ): see section of the Federal Circuit and Family Court of Australia Act 0. Federal Circuit and Family Court of Australia (Consequential No., 0