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2016 - 2017 - 2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (CONSEQUENTIAL
AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2018
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be Moved on Behalf of the Government
(Circulated by authority of the
Attorney-General, the Honourable Christian Porter MP)
AMENDMENTS TO THE FEDERAL CIRCUIT AND FAMILY COURT OF
AUSTRALIA (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL
PROVISIONS) BILL 2018
(Government)
GENERAL OUTLINE
1. The purpose of these amendments to the Federal Circuit and Family Court of
Australia (Consequential Amendments and Transitional Provisions) Bill 2018 ('the
Bill') and the Explanatory Memorandum to the Bill is to amend the commencement
date of the provisions of the Bill so that the provisions commence at the same time as
the Federal Circuit and Family Court of Australia Act 2018. The amendments also
clarify the operation of legislation relating to court fees.
Amendments to commencement date
2. The amendments to the commencement date of the provisions of the Bill are
necessary due to the Senate Legal and Constitutional Affairs Legislation
Committee's new timeframes for inquiry and reporting on this Bill and the Federal
Circuit and Family Court of Australia Bill 2018. The original proposed date of
commencement of 1 January 2019 is now recognised as unachievable.
3. The amendments provide that Schedules 1 to 4 and 6 to 10 will commence at the
same time as the commencement of the Federal Circuit and Family Court of
Australia Act 2018. Subject to passage through the Parliament, this Act would
commence via Proclamation, or if the Bill has not commenced operation within the
period beginning six months after receiving Royal Assent, the day after the end of
that period.
4. The amendments also make changes to provisions in the Bill referring to '31
December 2018' and 'after 1 January 2019'. These provisions relate to the
transitional provisions of the Bill. The provisions will be replaced with references to
'the day before the commencement day' and 'on or after the commencement day'.
The amendments will ensure that appropriate transitional provisions are in place on
the first day of operation of the Federal Circuit and Family Court of Australia and the
Family Law Appeal Division of the Federal Court of Australia.
5. Minor amendments have also been made in relation to the commencement of the
contingent amendments contained in Schedule 5 of the Bill to reflect the revised
commencement date.
6. The amendments will provide certainty for Australian families that the Federal
Circuit and Family Court of Australia and the Family Law Appeal Division of the
Federal Court of Australia will be established within six months of receiving Royal
Assent, and that appropriate transitional arrangements will be in place from the day
of commencement.
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Amendments to the application of court fees
7. The amendments provide greater clarity about the application of fees in the Federal
Circuit and Family Court of Australia and the Family Law Appeal Division of the
Federal Court of Australia.
8. Amendment 17 clarifies that the Family Law (Fees) Regulation 2012 applies to the
Family Law Appeal Division of the Federal Court of Australia. This is a
precautionary amendment to avoid any doubt about the application of the Family
Law (Fees) Regulation 2012 to the Family Law Appeal Division.
9. Amendment 18 inserts new provisions into the Family Law (Fees) Regulation 2012,
providing that fees are not payable for proceedings relating to the Child Support
(Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.
These amendments are necessary to ensure that the current practice of the federal
courts of not charging fees for child support proceedings continues after the
commencement of the court reforms. It is also consistent with the Government's
intention that these reforms will not increase overall family law fee revenue.
10. Amendments 22, 23, 24 and 28 clarify that the Federal Court and Federal Circuit
Court Regulation 2012 does not apply to proceedings in the Family Law Appeal
Division of the Federal Court of Australia. These amendments are necessary to avoid
any confusion about which fees apply in the Family Law Appeal Division. Fees in
the Family Law Appeal Division will be governed by the Family Law (Fees)
Regulation 2012.
FINANCIAL IMPACT
11. The amendments to the Bill have no financial impact on Government revenue.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Amendments to the Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2018
12. The amendments to the Bill are compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the amendments
13. The Federal Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Bill 2018 (the Bill) makes the necessary amendments to
other Commonwealth Acts and Regulations affected by the passage of the Federal
Circuit and Family Court of Australia Bill 2018 (the FCFC Bill).
14. The proposed Government amendments to the Bill are intended to clarify the
operation of a number of clauses contained in the Bill. These clarifications will assist
in ensuring the overall objective of the FCFC Bill, which is to provide Australian
families with more efficient dispute resolution, as well as greater certainty and
consistency.
15. The amendments to subsection 1.04 of the Family Law (Fees) Regulation 2012
provided in amendment 17 will clarify that the Regulations apply to services
requested or documents filed in the Family Law Appeal Division (FLAD) of the
Federal Court.
16. The amendments to subsection 2.08 of the Family Law (Fees) Regulations 2012 and
subregulation 1.05(1) of the Federal Court and Federal Circuit Court Regulation
2012 provided in amendments 18 and 22 will ensure the continuation of the current
policy of not charging fees for child support matters.
17. References to a specific commencement date in the Bill will also be amended to a
date that is the same time as the commencement of the Federal Circuit and Family
Court of Australia Bill 2018. That Bill will commence on a date to be fixed by
Proclamation, or if the provisions do not commence within the period of six months
beginning on the day the Bill receives the Royal Assent, on the day after the end of
that period. These amendments may tangentially engage many rights, due to the
range of legislation they amend. This tangential engagement with rights is not
discussed in this statement of compatibility, as directed by the Committee.
Human rights implications
18. The amendments engage the following human rights:
right to a fair and public hearing: Article 14(1) of the International Covenant
on Civil and Political Rights (ICCPR)
right to an effective remedy: Article 2(3) of the ICCPR
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rights of parents and children: Article 24(1) of the ICCPR, and Article 3 of
the Convention on the Rights of the Child (CRC)
right to respect for the family: Article 23 of the ICCPR
19. The way in which the proposed Government amendments to the Bill impact upon the
above human rights is outlined below.
Right to a fair and public hearing - Article 14(1) of the ICCPR
20. Article 14(1) of the ICCPR enshrines the right of a person to have a fair and public
hearing by a competent, independent and impartial tribunal established by law. This
right is engaged through amendments to the Family Law (Fees) Regulation 2012.
This Regulation prescribes the fees applicable in federal family law matters.
21. The amendments proposed to the Family Law (Fees) Regulation 2012 seek to further
clarify that the Regulation applies to proceedings in the Family Law Appeal Division
(FLAD) of the Federal Court. Further, the amendments clarify that, consistent with
the current practice of the federal courts, fees are not to be charged in relation to
proceedings under the Child Support (Assessment) Act 1989 or Child Support
(Registration and Collection) Act 1988 and appeals and applications relating to such
proceedings.
22. The Bill already makes amendments providing for a consistent set of family law fees
across the federal courts. This includes providing for family law fees in the FLAD.
Court fees would be set at a level that does not increase overall fee revenue.
23. The changes to family law fees will result in a fairer fee structure for Australian
families, ensuring that they are more easily able to access the family law system. In
turn, this can be seen as a promotion of Article 14(1) of the ICCPR right to a fair and
public hearing.
Right to a fair and public hearing and right to an effective remedy - Articles 14(1) and
2(3) of the ICCPR
24. Article 14(1) of the ICCPR enshrines the right of a person to have a fair and public
hearing by a competent, independent and impartial tribunal established by law.
Article 2(3) of the ICCPR requires States to ensure that any person whose rights and
freedoms as stipulated in the ICCPR are violated, that person shall have an effective
remedy, which is to be determined by a competent judicial authority.
25. The amendment of the commencement date in the Bill for consistency with the
commencement of the Federal Circuit and Family Court of Australia Bill 2018 may
limit these rights by not affording the certainty of a specific commencement date of
the reforms in the Bill. However, the Federal Circuit and Family Court of Australia
Bill 2018 will commence either by Proclamation or, if the Bill does not commence
within the period of six months beginning on the day it receives the Royal Assent, on
the day after the end of that period.
26. Commencement by Proclamation or six months after Royal Assent is appropriate to
allow the flexibility to ensure that operational preparations for implementation of this
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legislation are complete before the provisions commence. Any limitation that the
delayed commencement day would place on these rights is therefore considered
reasonable, necessary and proportionate to achieving the legitimate objective of
ensuring that the courts are ready and able to effectively implement the new
legislation efficiently and to ensure a smooth transition for Australian families and
legal practitioners using the courts. Indeed, the proposed commencement date could
be seen as promoting the right of a fair hearing by ensuring that Australian families
have access to a federal court system that is underpinned by effective operational
arrangements.
Rights of parents and children and right to respect for the family - Article 23 and 24(1)
of the ICCPR, Article 3 of the CRC 18.
27. Article 24(1) of the ICCPR provides for the protection of all children, without
discrimination, by virtue of their status as minors. This is elaborated upon in Article
3 of the CRC, which requires that in all actions concerning children, including by
courts, the best interests of the child are to be a primary consideration. The right to
respect for the family is contained in Article 23 of the ICCPR, which recognises the
family as the natural and fundamental group unit within society, and it is entitled to
protection by society and the State.
28. The amendments to subsection 1.04 of the Family Law (Fees) Regulation 2012 and
subregulation 1.05(1) of the Federal Court and Federal Circuit Court Regulation
2012 seek to ensure that, consistent with current practice of the federal courts, fees
are not charged in relation to proceedings under the Child Support (Assessment) Act
1989 or Child Support (Registration and Collection) Act 1988 and appeals and
applications relating to such proceedings. The amendments continue to promote the
rights of parents and children, and respect for the family by ensuring there is a forum
for their rights to be realised, and a means to achieve correct and accountable
decision-making in relation to family law matters.
Conclusion
29. The Bill is compatible with human rights because it promotes the protection of human
rights and to the extent that it may limit human rights, those limitations are reasonable,
necessary and proportionate to achieve the legitimate objectives of the Bill.
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NOTES ON CLAUSES
List of abbreviations
Family Court Family Court of Australia
Family Law Act Family Law Act 1975 (Cth)
Family Law Rules Family Law Rules 2004 (Cth)
FCFC (Division 1) Rules Federal Circuit and Family Court of Australia
(Division 1) Rules 2018 (Cth)
FCFC (Division 1) Federal Circuit and Family Court of Australia
(Division 1)
FCFC (Division 2) Rules Federal Circuit and Family Court of Australia
(Division 2) Rules 2018 (Cth)
FCFC (Division 2) Federal Circuit and Family Court of Australia
(Division 2)
FCFC Federal Circuit and Family Court of Australia
Federal Circuit Court Act Federal Circuit Court of Australia Act 1999 (Cth)
Federal Circuit Court Rules Federal Circuit Court Rules 2001 (Cth)
Federal Circuit Court Federal Circuit Court of Australia
Federal Court Act Federal Court of Australia Act 1976 (Cth)
Federal Court Rules Federal Court Rules 2011 (Cth)
Federal Court Federal Court of Australia
High Court High Court of Australia
The Bill Federal Circuit and Family Court of Australia
(Consequential Amendments and Transitional
Provisions) Bill 2018
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NOTES ON AMENDMENTS
Amendment 1: Clause 2, page 2 (table items 2 to 34)
1. Amendment 1 omits table items 2 to 34 in clause 2 of the Bill and replaces them with
new table items 2 to 31.
2. Currently table item 2 provides for the commencement of Schedules 1 to 4 of the Bill,
to be on 1 January 2019. Amendment 1 removes the reference to 1 January 2019 from
table item 2 and provides for the commencement of Schedules 1 to 4 at the same time
as the Federal Circuit and Family Court of Australia Act 2018. Table item 2 also
provides that the provisions do not commence at all if that Act does not commence.
3. Table items 3 to 34 currently contain references to 1 January 2019. Amendment 1
replaces these references with references to the commencement of the provisions
covered by table item 2, being commencement at the same time as the Federal Circuit
and Family Court of Australia Act 2018. It is noted that a number of these table items
concern contingent amendments which will not commence until the relevant
legislation commences.
4. Government amendments to the Federal Circuit and Family Court of Australia Bill
2018 provide for the Federal Circuit and Family Court of Australia Act 2018 to
commence on a date to be fixed by Proclamation, or if the provisions do not
commence within the period of six months beginning on the day the Act receives
Royal Assent, on the day after the end of that period. This change recognises that, due
to the timeframes for the Senate Legal and Constitutional Affairs Legislation
Committee's inquiry into the Bill, a commencement date of 1 January 2019 is
unachievable.
5. Amendment 1 also omits the commencement provisions for contingent amendments
where the relevant legislation has already passed Parliament. Current table item 4 is
removed because Schedule 5, Part 2 is omitted by Amendment 41. Current table item
11 is removed because Schedule 5, Part 8, Division 2 is omitted by Amendment 42.
Current table item 19 is removed because Schedule 5, Part 14, Division 2 is omitted
by Amendment 44.
Amendment 2: Schedule 1, page 69 (after line 2)
6. Amendment 2 inserts a definition of 'commencement day' in new Division 1A of Part
2 of Schedule 1 of the Bill. The amendment provides that references to the
'commencement day' in this Part (to be inserted by amendments 3-12) mean the day
that the Schedule commences, as provided for in the commencement information
table in clause 2 of the Bill. Amendment 1 provides that Schedule 1 will commence at
the same time as the Federal Circuit and Family Court of Australia Act 2018.
Amendments 3 - 12: Schedule 1, items 257 to 265
7. Amendments 3 - 12 remove the references to '1 January 2019' in Part 2 of Schedule 1
of the Bill and replace them with a reference to 'the commencement day'.
Amendment 2 inserts the definition of the term 'commencement day' into new
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Division 1A of Part 2 of the Schedule. See the explanation provided for Amendment 2
for further information on the definition of 'commencement day'.
Amendment 13: Schedule 2, item 291, page 114 (lines 16, 21, 28 and 29)
8. Amendment 13 removes the references to '1 January 2019' in item 291 of Schedule 2
of the Bill, which amends section 106.4 of the Criminal Code, and replaces them with
a reference to 'the commencement day'. See the explanation provided for
Amendment 14 for further information on the definition of 'commencement day'.
Amendment 14: Schedule 2, item 291, page 114 (after line 32)
9. Amendment 14 amends item 291 of Schedule 2 of the Bill. Item 291 repeals and
replaces the savings provisions in section 106.4 of the Criminal Code Act 1995.
Amendment 14 amends item 291 by inserting new subsection 106.4(4). New
subsection (4) provides a definition of 'commencement day', which means the day
Schedule 2 of the Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Act 2018 commences. Amendment 1
provides that Schedule 2 will commence at the same time as the Federal Circuit and
Family Court of Australia Act 2018.
Amendment 15: Schedule 2, item 473, page 140 (line 28)
10. Amendment 15 removes the reference to '1 January 2019' in item 473 of Schedule 2
of the Bill, which amends subsection 4(1) of the Judges Pension Act 1968, and
replaces it with a reference to 'the commencement of the Federal Circuit and Family
Court of Australia Act 2018'. This Act will commence on a date to be fixed by
Proclamation, or if the provisions do not commence within the period of six months
beginning on the day the Act receives the Royal Assent, on the day after the end of
that period.
Amendment 16: Schedule 2, item 526, page 148 (line 18)
11. Amendment 16 removes the reference to '1 January 2019' from item 526 of Schedule
2 of the Bill, which inserts subitem 6(6A) of Schedule 4 of the Marriage Amendment
(Definition and Religious Freedoms) Act 2017, and replaces it with a reference to 'the
day Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Act 2018 commences'. Amendment 1
provides that Schedule 1 will commence at the same time as the Federal Circuit and
Family Court of Australia Act 2018.
Amendment 17: Schedule 3, page 192 (after line 30)
12. Amendment 17 inserts item 10A into Schedule 3 of the Bill. Item 10A inserts new
paragraph 1.04(1)(a) into the Family Law (Fees) Regulation 2012 and clarifies that
the Regulation applies to a fee for a service requested, or the filing of a document
lodged, under the Federal Court Act on or after the commencement of Schedule 1 to
the Federal Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Act 2018 in relation to the Family Law Appeal Division of
the Federal Court.
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13. The purpose of Amendment 17 is to avoid any doubt that the Family Law Fees
(Regulation) 2012 applies to fees for services requested or documents filed in the
Family Law Appeal Division of the Federal Court. The Family Law Fees (Regulation)
2012 currently applies to all family law matters heard by the Family Court and the
Federal Circuit Court. The Bill amends the Family Law Fees (Regulation) 2012 to
provide for certain fees relating to family law appeals. Therefore, it is important that
the legislation is clear on its face that the Family Law Fees (Regulation) 2012 applies
to the Family Law Appeal Division of the Federal Court as it will now be responsible
for the majority of family law appeals.
Amendment 18: Schedule 3, page 193 (after line 14)
14. Amendment 18 inserts item 15A into Schedule 3 of the Bill. Item 15A inserts new
paragraphs 2.08(1)(ca)-(ce) into the Family Law (Fees) Regulation 2012. These
paragraphs list proceedings, appeals and applications relating to the Child Support
(Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988
(together 'the Child Support Acts') for which a fee mentioned in Schedule 1 of the
Regulation is not payable.
15. At present, the federal family law courts do not charge fees in child support matters.
Consistent with the intention not to increase court fee revenue as a result of the
reforms, the amendment ensures the continuation of the current no-charge
arrangement for child support matters, including in the new Family Law Appeal
Division of the Federal Court.
16. New paragraphs 2.08(1)(ca)-(ce) provide that fees are not payable in the following
proceedings:
A proceeding under the Child Support Acts.
An appeal under section 47A of the Family Law Act from a decree of a court
exercising jurisdiction under the Child Support Acts. Item 72 of the Bill
inserts section 47A into the Family Law Act, which provides that an appeal
from a decree of a court of summary jurisdiction of a State or Territory
exercising jurisdiction under the Family Law Act or the Child Support Acts
lies to the FCFC or the Supreme Court of that State or Territory.
An appeal under subsection 24(2) of the Federal Court Act from a judgment of
the FCFC exercising original jurisdiction under the Child Support Acts or
regulations under either of those Acts. Item 227 of the Bill inserts subsection
24(2) into the Federal Court Act..
An appeal under subsection 24(2) of the Federal Court Act from a judgment of
a court exercising appellate jurisdiction under section 47A of the Family Law
Act in relation to the Child Support Acts.
An appeal under subsection 24(2) of the Federal Court Act from a judgment of
a Family Court of a State, or a Supreme Court of a State or Territory
constituted by a single Judge, exercising original or appellate jurisdiction
under the Child Support Acts.
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An application for leave to appeal under section 47B of the Family Law Act.
Item 72 of Schedule 1 of the Bill inserts section 47B, and outlines that leave of
the relevant Division of the FCFC or the Supreme Court of a State or Territory
is required to appeal to those courts from a decree of a court of summary
jurisdiction of a State or Territory exercising jurisdiction under the Child
Support Acts.
An application for leave to appeal under section 24A of the Federal Court Act
from a judgement of a court exercising jurisdiction under, or in relation to, the
Child Support Acts. Section 24A is inserted by item 228 of Schedule 1 of the
Bill.
Amendments 19 and 20: Schedule 3, item 16
17. Amendments 19 and 20 remove references to '1 January 2019' in item 16 of Part 1 of
Schedule 3 of the Bill and replace them with a reference to 'the commencement day'.
Item 16 of Part 1 of Schedule 3 of the Bill inserts section 3.02 into the Family Law
(Fees) Regulation 2012. See the explanation provided for Amendment 21 for further
information on the definition of the 'commencement day'.
Amendment 21: Schedule 3, item 16, page 194 (after line 8)
18. Amendment 21 amends item 16 of Schedule 3 of the Bill. Item 16 inserts section 3.02
into the Family Law (Fees) Regulation 2012. Amendment 21 amends item 16 by
inserting new subsection 3.02(3). New subsection (3) provides a definition of
'commencement day', which means the day Schedule 3 of the Federal Circuit and
Family Court of Australia (Consequential Amendments and Transitional Provisions)
Act 2018 commences. Amendment 1 provides that Schedule 3 will commence at the
same time as the Federal Circuit and Family Court of Australia Act 2018.
Amendment 22: Schedule 3, item 32, page 197 (lines 6 to 11)
19. Amendment 22 amends item 32 of Schedule 3 of the Bill. Item 32 of the Bill repeals
and replaces the definition of 'general federal law proceeding' in regulation 1.03 of
the Federal Court and Federal Circuit Court Regulation 2012. Amendment 22
amends item 32 by omitting the definition of 'general federal law proceeding' and
replacing it with a definition which provides that a general federal law proceeding
means a proceeding in the General Division or the Fair Work Division of the Federal
Court, or a proceeding in the FCFC (Division 1) other than a proceeding under the
Family Law Act.
20. Part 1 and 2 of the Federal Court and Federal Circuit Court Regulation 2012 apply to
general federal law proceedings. Part 2 sets out matters relating to fees. The
amendments made by amendment 22 will mean that those parts do not apply to
proceedings in the Family Law Appeal Division of the Federal Court. Amendment 22
also inserts a note to the definition of 'general federal law proceeding', which clarifies
that the Family Law (Fees) Regulation 2012 applies in relation to proceedings in the
Family Law Appeal Division. The note also outlines that the Family Law (Fees)
Regulation 2012 applies to a proceeding in the FCFC (Division 2).
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Amendment 23: Schedule 3, item 38, page 198 (lines 7 to 9)
21. Amendment 23 amends item 38 of Schedule 3 of the Bill, which replaces the heading
to reguation 2.09 of the Federal Court and Federal Circuit Court Regulation 2012.
Amendment 23 omits the heading in item 38 and replaces it with a new heading that
only refers to the FCFC (Division 2), rather than also the Family Law Appeal
Division of the Federal Court. Similar to Amendment 22, this amendment clarifies
that Part 2 of the Federal Court and Federal Circuit Court Regulation 2012 does not
apply to the Family Law Appeal Division.
Amendment 24: Schedule 3, item 39, page 198 (lines 10 to 15)
22. Amendment 24 omits item 39 of Schedule 3 of the Bill. Item 39 repeals and replaces
subregulation 2.09(1) of the Federal Court and Federal Circuit Court Regulation
2012, providing that regulation 2.09 applies to the Family Law Appeal Division of the
Federal Court and the FCFC (Division 2). Amendment 24 replaces item 39 with an
amendment providing that regulation 2.09 applies only to the FCFC (Division 2). This
amendment clarifies that Part 2 of the Federal Court and Federal Circuit Court
Regulation 2012 does not apply to the Family Law Appeal Division.
Amendment 25: Schedule 3, item 58, page 202 (line 8)
23. Amendment 25 is consequential to amendment 27, which inserts a new subregulation
into item 58 of Schedule 3 of the Bill. Item 58 inserts regulation 5.05 into the Federal
Court and Federal Circuit Court Regulation 2012. Amendment 25 inserts new
subregulation number '(1)' in regulation 5.05 to account for the new subregulation
inserted by amendment 27.
Amendment 26: Schedule 3, item 58, page 202 (lines 12, 14, 16, 18 and 19)
24. Amendment 26 removes references to '1 January 2019' in item 58 of Part 1 of
Schedule 3 of the Bill and replaces them with a reference to 'the commencement day'.
Item 58 inserts regulation 5.05 into the Family Law (Fees) Regulation 2012.
Amendment 27 inserts the definition of the term 'commencement day' into proposed
regulation 5.05. See the explanation provided for Amendment 27 for further
information on the definition of the 'commencement day'.
Amendment 27: Schedule 3, item 58, page 202 (after line 19)
25. Amendment 27 amends item 58 of Schedule 3 of the Bill. Item 58 of the Bill inserts
proposed regulation 5.05 into the Family Law (Fees) Regulation 2012. Amendment
27 amends item 58 by inserting new subregulation 5.05(2). New subregulation (2)
provides a definition of 'commencement day', which means the day Schedule 3 of the
Federal Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Act 2018 commences. Amendment 1 provides that Schedule
3 will commence at the same time as the Federal Circuit and Family Court of
Australia Act 2018.
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Amendment 28: Schedule 3, item 59, page 202 (lines 20 to 22)
26. Amendment 28 omits item 59 of Schedule 3 of the Bill. Item 59 amends Part 1 of
Schedule 1 of the Federal Court and Federal Circuit Court Regulation 2012 so that it
applies to proceedings in the Federal Court other than proceedings in the Family Law
Appeal Division of the Federal Court. Amendment 28 inserts new item 58 which
provides that Part 1 of Schedule 1 of the Federal Court and Federal Circuit Court
Regulation 2012 applies to proceedings in the General Division or the Fair Work
Division of the Federal Court. This amendment seeks to further clarify that the fees
provisions of the Federal Court and Federal Circuit Court Regulation 2012 do not
apply to the Family Law Appeal Division.
Amendment 29: Schedule 3, item 133, page 216 (lines 28 and 29)
27. Amendment 29 removes a reference to '1 January 2019' in item 133 of Part 2 of
Schedule 3 of the Bill and replaces it with a reference to 'the commencement day'.
Item 133 of Part 2 of Schedule 3 of the Bill inserts subregulation 39BB(2) into the
Family Law Regulations 1984. Amendment 30 inserts the definition of the term
'commencement day' into proposed subregulation 39BB(3).
Amendment 30: Schedule 3, item 134, page 217 (lines 19 and 20)
28. Amendment 30 amends item 134 of Schedule 3 of the Bill. Item 134 repeals and
replaces subregulation 39BB(2) of the Family Law Regulations 1984. Amendment 30
amends item 134 by inserting new subregulation 39BB(3). New subregulation (3)
provides a definition of 'commencement day', which means the day Schedule 3 of the
Federal Circuit and Family Court of Australia (Consequential Amendments and
Transitional Provisions) Act 2018 commences. Amendment 1 provides that Schedule
3 will commence at the same time as the Federal Circuit and Family Court of
Australia Act 2018.
Amendment 31: Schedule 4, page 222 (after line 1)
29. Amendment 31 inserts clause 1A into Part 2 of Schedule 4 of the Bill, which provides
a definition of 'commencement day' for the purposes of the Part. In the Part
'commencement day' means the day that the Schedule commences. Amendment 1
provides that Schedule 4 will commence at the same time as the Federal Circuit and
Family Court of Australia Act 2018.
Amendments 32-40: Schedule 4, items 2 to 10
30. Amendments 32-40 remove the references to '1 January 2019' in Part 2 of Schedule 4
of the Bill and replace them with references to 'the commencement day'. Amendment
31 inserts the definition of the term 'commencement day', which means the day that
Schedule 4 commences.
Amendment 41: Schedule 5, Part 2, page 228 (lines 1 to 6)
31. Amendment 41 omits Part 2 of Schedule 5 of the Bill. Part 2 of Schedule 5 amends
subsections 46(3), 47(3) and 48(3) of the Enhancing Online Safety Act 2015, as
amended by the Enhancing Online Safety (Non-consensual Sharing of Intimate
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Images) Bill 2018 (and in light of a consequential amendment made by item 332 of
Schedule 2 of the Bill). Part 2 was drafted to commence immediately after the
commencement of Schedule 1 of the Enhancing Online Safety (Non-consensual
Sharing of Intimate Images) Act 2018, but not to commence at all if Schedule 1 of the
Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018
commenced before 1 January 2019. The Enhancing Online Safety (Non-consensual
Sharing of Intimate Images) Act 2018 was passed by both Houses of Parliament on 23
August 2018 and commenced on 1 September 2018.
Amendment 42: Schedule 5, Division 2, page 235 (lines 10 to 15):
32. Amendment 42 omits Division 2 of Part 8 of Schedule 5 to the Bill. Division 2 of Part
8 of Schedule 5 amends subsection 123(1) of the Family Law Act 1975 , to make it
subject to subsection 69GA(3), a new provision to be inserted into the Family Law
Act by the Family Law Amendment (Family Violence and Other Measures) Act 2018.
Division 2 was drafted to commence immediately after the commencement of Part 1
of Schedule 1 of the Family Law Amendment (Family Violence and Other Measures)
Act 2018. However, Division 2 was drafted to not commence at all if the Family Law
Amendment (Family Violence and Other Measures) Act 2018 commenced before
1 January 2019. The Family Law Amendment (Family Violence and Other Measures)
Act 2018 was passed by both Houses of Parliament on 22 August 2018 and its
schedules commenced on 1 September 2018.
Amendment 43: Schedule 5, item 86, page 248 (lines 22 and 27):
33. Amendment 43 removes the reference to 'after 1 January 2019' from item 86 of
Schedule 5 and replaces it with a reference to 'on or after the day this Schedule
commences'. See amendment 1 for further information on the commencement date of
Schedule 5 of the Bill.
Amendment 44: Schedule 5, Division 2, page 249 (lines 1 to 15):
34. Amendment 44 omits Division 2 of Part 14 of Schedule 5. Division 2 of Part 14 of
Schedule 5 repeals regulation 4.02 of the Federal Court and Federal Circuit Court
Regulation 2012 and substitutes new regulation 4.02 in circumstances where the Bill
commences before the Legislation Amendment (Sunsetting Review and Other
Measures) Act 2018. However, Division 2 was drafted to not commence at all if the
Bill commenced after the Legislation Amendment (Sunsetting Review and Other
Measures) Act 2018. The Legislation Amendment (Sunsetting Review and Other
Measures) Act 2018 was passed by both Houses of Parliament on 16 August 2018 and
the majority of its schedules commenced on 25 August 2018.
Amendment 45: Schedule 6, item 42, page 265 (line 29):
35. Amendment 45 removes the reference to '1 January 2019' from item 42 of Schedule 6
and replaces it with a reference to 'the day that Schedule commences'. Schedule 6
will commence at the same time as the Federal Circuit and Family Court of Australia
Act 2018.
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Amendment 46: Schedule 6, item 42, page 266 (line 2):
36. Amendment 46 removes the reference to '1 January 2021' from item 42 of Schedule 6
and replaces it with a reference to the day after the end of the 2-year period beginning
on the day Schedule 6 to the Bill commences. This is consistent with the current
timeframe in the Bill, which is two years from 1 January 2019.
Amendment 47: Schedule 7, item 1, page 267 (after line 7)
37. Amendment 47 inserts a definition of 'commencement day' in to Schedule 7 of the
Bill. The 'commencement day' means the day that the Schedule commences.
Schedule 7 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 48: Schedule 7, item 2, page 267 (lines 12, 13, 19, 29 and 32)
38. Amendment 48 removes references to '1 January 2019' in item 2 of Schedule 7 of the
Bill and replaces them with a reference to 'the commencement day'. Amendment 47
inserts the definition of the term 'commencement day' into the Schedule.
Amendment 49: Schedule 7, item 4, page 269 (table item 1):
39. Amendment 49 removes the reference to 'on 1 January 2019' from table item 1 of
section 4 in Schedule 7 and replaces it with a reference to 'at the same time as the
Federal Circuit and Family Court of Australia Act 2018 commences.' That Act will
commence on a date to be fixed by Proclamation, or if the provisions do not
commence within the period of six months beginning on the day the Act receives the
Royal Assent, on the day after the end of that period.
Amendment 50: Schedule 7, item 11, page 307 (line 12):
40. Amendment 50 removes the reference to '1 January 2019' from Part 27.4 of Schedule
7 to the Bill and replaces it with a reference to the day that the Schedule commences.
Schedule 7 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 51: Schedule 7, item 11, page 307 (line 14):
41. Amendment 51 removes the reference to '1 July 2021' from Part 27.4 of Schedule 7
to the Bill and replaces it with a reference to the day after the end of the period of 30
months beginning on the day Schedule 7 to the Bill commences. This is consistent
with the current timeframe in the Bill, which is 30 months from 1 January 2019.
Schedule 7 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 52: Schedule 8, page 308 (after line 3):
42. Amendment 52 inserts a definition of 'commencement day' in to Schedule 8 of the
Bill. The 'commencement day' means the day that the Schedule commences.
Schedule 8 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
15
Amendment 53: Schedule 8, item 1, page 308 (lines 10 and 16)
43. Amendment 53 removes the references to '1 January 2019' in item 1 of Schedule 8 of
the Bill and replaces them with a reference to 'the commencement day'. Amendment
52 inserts the definition of the term 'commencement day' into the Schedule.
Amendment 54: Schedule 8, item 9, page 335 (line 12):
44. Amendment 54 removes the reference to '1 January 2019' from Part 48 of Schedule 8
to the Bill and replaces it with a reference to 'the day that Schedule commences'.
Schedule 8 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 55: Schedule 8, item 9, page 335 (line 14):
45. Amendment 55 removes the reference to '1 July 2021' from Part 48 of Schedule 8 to
the Bill and replaces it with a reference to the day after the end of the period of 30
months beginning on the day Schedule 8 to the Bill commences. This is consistent
with the current timeframe in the Bill, which is 30 months from 1 January 2019.
Schedule 8 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018. The effect of this amendment is that the countdown for the
expiry of this Part begins from the time of commencement of the Federal Circuit and
Family Court of Australia Act 2018.
Amendment 56: Schedule 8, item 10, page 336 (lines 7 and 13)
46. Amendment 56 removes the references to '1 January 2019' in item 10 of Schedule 8
of the Bill and replaces them with a reference to 'the commencement day'.
Amendment 52 inserts the definition of the term 'commencement day' into the
Schedule.
Amendment 57: Schedule 8, item 13, page 338 (line 15):
47. Amendment 57 removes the reference to '1 January 2019' from item 13 of Schedule 8
to the Bill and replaces it with a reference to 'the day that Schedule commences'.
Schedule 8 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 58: Schedule 8, item 13, page 338 (line 17):
48. Amendment 58 removes the reference to '1 July 2021' from item 13 of Schedule 8 to
the Bill. Amendment 58 replaces the reference to '1 July 2021' with a reference to the
day after the end of the period of 30 months beginning on the day Schedule 8 to the
Bill commences. This is consistent with the current timeframe in the Bill, which is 30
months from 1 January 2019. Schedule 8 will commence at the same time as the
Federal Circuit and Family Court of Australia Act 2018. The effect of this
amendment is that the countdown for the expiry of this Part begins from the time of
commencement of the Federal Circuit and Family Court of Australia Act 2018.
16
Amendment 59: Schedule 9, item 87, page 348 (line 16):
49. Amendment 59 removes a reference to '1 January 2019' in item 87 of Schedule 9 to
the Bill and replaces it with a reference to 'the day that Schedule commences'.
Schedule 9 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018.
Amendment 60: Schedule 9, item 87, page 348 (line 18):
50. Amendment 60 removes the reference to '1 July 2021' from item 87 of Schedule 9 to
the Bill and replaces it with a reference to the day after the end of the period of 30
months beginning on the day Schedule 9 to the Bill commences. This is consistent
with the current timeframe in the Bill, which is 30 months from 1 January 2019.
Schedule 9 will commence at the same time as the Federal Circuit and Family Court
of Australia Act 2018. The effect of this amendment is that the countdown for the
expiry of this Part begins from the time of commencement of the Federal Circuit and
Family Court of Australia Act 2018.
Amendment 61: Schedule 10, item 1, page 352 (after line 4)
51. Amendment 61 inserts a definition of 'commencement day' in clause 1 of Part 1 of
Schedule 10 of the Bill. The 'commencement day' means the day that the Schedule
commences. Schedule 10 will commence at the same time as the Federal Circuit and
Family Court of Australia Act 2018.
Amendments 62 - 85: Schedule 10, items 1 - 4, 6 - 15, 17 - 23
52. Amendments 62 to 85 remove references to '1 January 2019' in Parts 2 and 3 of
Schedule 10 of the Bill and replace them with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 86: Schedule 10, item 24, page 363 (line 6)
53. Amendment 86 removes the reference to '31 December 2018' in item 24 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 86 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendments 87: Schedule 10, item 24, page 363 (line 10)
54. Amendment 87 removes the reference to '1 January 2019' in item 24 of Schedule 10
of the Bill and replaces it with a reference to 'the commencement day'. Amendment
61 inserts the definition of the term 'commencement day' into clause 1 of Part 1 of
Schedule 10 of the Bill.
Amendments 88: Schedule 10, item 24, page 363 (line 17)
55. Amendment 88 removes the reference to '1 January 2019' in item 24 of Schedule 10
of the Bill and replace them with reference to 'on or after the commencement day'.
17
The inclusion of the words 'on or after' appropriately recognises the intention of the
provision to operate on the day of commencement and after that day, and not solely
after the day of commencement. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 89: Schedule 10, item 25, page 363 (line 17)
56. Amendment 89 removes the reference to '31 December 2018' in item 25 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 89 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 90: Schedule 10, item 25, page 363 (line 23)
57. Amendment 90 removes reference to '1 January 2019' in item 25 of Schedule 10 of
the Bill and replaces it with reference to 'the commencement day'. Amendment 61
inserts the definition of the term 'commencement day' into clause 1 of Part 1 of
Schedule 10 of the Bill.
Amendment 91: Schedule 10, item 25, page 363 (line 25)
58. Amendment 91 removes the reference to 'after 1 January 2019' in item 25 of
Schedule 10 of the Bill and replaces it with reference to 'on or after the
commencement day'. The inclusion of the words 'on or after' appropriately
recognises the intention of the provision to operate on the day of commencement and
after that day, and not solely after the day of commencement. Amendment 61 inserts
the definition of the term 'commencement day' into clause 1 of Part 1 of Schedule 10
of the Bill.
Amendment 92: Schedule 10, item 26, page 364 (line 13)
59. Amendment 92 removes the reference to '31 December 2018' in item 26 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 92 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 93: Schedule 10, item 26, page 364 (line 16)
60. Amendment 93 removes the first reference to '1 January 2019' in item 26 of
Schedule 10 of the Bill and replaces it with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 94: Schedule 10, item 26, page 364 (line 18)
61. Amendment 94 removes the reference to 'after 1 January 2019' in item 26 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that where the time for
instituting an appeal under section 96 of the Family Law Act (from a court of
18
summary jurisdiction) has not ended on the commencement day, parties may institute
an appeal in either division of the FCFC on or after the commencement day.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 95: Schedule 10, item 27, page 364 (line 32)
62. Amendment 95 removes the first reference to '1 January 2019' in item 27 of
Schedule 10 of the Bill and replaces it with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 96: Schedule 10, item 27, page 365 (line 4)
63. Amendment 96 removes the first reference to 'after 1 January 2019' in item 27 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if, on the commencement
day, a party could seek an extension of time to institute an appeal under the Family
Law Act (other than under section 96 of that Act) or a party could seek leave to
appeal under the Family Law Act then, a person may file that application for an
extension of time in the Family Law Appeal Division of the Federal Court on or after
the commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 97: Schedule 10, item 27, page 365 (line 13)
64. Amendment 97 removes the second reference to '1 January 2019' in item 27 of
Schedule 10 of the Bill and replaces it with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 98: Schedule 10, item 27, page 365 (line 15)
65. Amendment 98 removes the second reference to 'after 1 January 2019' in item 27 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if a party could seek an
extension of time to appeal under section 96 of the Family Law Act as at the
commencement day, the party may apply to the FCFC to seek an extension of time on
or after the commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 99: Schedule 10, heading to Division 2, page 365 (line 18)
66. Amendment 99 removes the reference to '1 January 2019' in the heading to Division
2 of Schedule 10 of the Bill and replaces it with reference to 'the commencement
day'. Amendment 61 inserts the definition of the term 'commencement day' into
clause 1 of Part 1 of Schedule 10 of the Bill.
19
Amendment 100: Schedule 10, item 28, page 365 (line 24)
67. Amendment 100 removes the reference to '1 January 2019' in item 28 of Schedule 10
of the Bill and replaces it with reference to 'the commencement day'. Amendment 61
inserts the definition of the term 'commencement day' into clause 1 of Part 1 of
Schedule 10 of the Bill.
Amendment 101: Schedule 10, item 28, page 365 (line 32)
68. Amendment 101 removes the first reference to '31 December 2018' in item 28 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 101 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 102: Schedule 10, item 28, page 366 (line 9)
69. Amendment 102 removes the first reference to 'after 1 January 2019' in item 28 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if a substantive hearing
has not taken place in the Family Court by the commencement date, the appeals and
applications for leave to appeal as described in subitem 28(1) of the Bill will be dealt
with and substantively heard in the Family Law Appeal Division of the Federal Court
on or after the commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 103: Schedule 10, item 28, page 366 (line 28)
70. Amendment 103 removes the second reference to '31 December 2018' in item 28 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 103 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 104: Schedule 10, item 28, page 366 (line 32)
71. Amendment 104 removes the second reference to 'after 1 January 2019' in item 28 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if as at the day before the
commencement day, the Full Court of the Family Court had reserved judgment
following the hearing of a procedural application of the kind outlined in subsection
94(2D) or 94AAA(10) of the Family Law Act, then the Full Court of the FCFC
(Division 1) must deliver judgment on the procedural application on or after the
commencement day before the proceeding can be dealt with by the Family Law
Appeal Division of the Federal Court. Amendment 61 inserts the definition of the
term 'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 105: Schedule 10, item 28, page 367 (line 1)
72. Amendment 105 removes the third reference to '31 December 2018' in item 28 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
20
Amendment 105 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 106: Schedule 10, item 28, page 367 (line 5)
73. Amendment 106 removes the third reference to 'after 1 January 2019' in item 28 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that that if as at the day
before the commencement day, a single Judge of the Family Court had reserved
judgment following the hearing of a procedural application of the kind outlined in
subsection 94(2D) or 94AAA(10) of the Family Law Act, then a single Judge of the
FCFC (Division 1) must deliver judgment on the procedural application on or after
the commencement day before the proceeding can be dealt with by the Family Law
Appeal Division of the Federal Court. Amendment 61 inserts the definition of the
term 'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 107: Schedule 10, item 28, page 367 (line 15)
74. Amendment 107 removes the fourth reference to '31 December 2018' in item 28 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 107 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendments 108 and 109: Schedule 10, items 28 and 29
75. Amendments 108 and 109 remove references to '1 January 2019' in item 28 and the
first reference in item 29 of Schedule 10 of the Bill and replace them with reference to
'the commencement day'. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 110: Schedule 10, item 29, page 369 (line 6)
76. Amendment 110 removes the first reference to '31 December 2018' in item 29 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 110 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 111: Schedule 10, item 29, page 369 (line 12)
77. Amendment 111 removes the third reference to 'after 1 January 2019' in item 29 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that appeals from courts of
summary jurisdiction which were instituted in the Family Court prior to the
commencement day, and where a substantive hearing has not taken place in the
Family Court by that date, then on or after the commencement day a single Judge of
the FCFC (Division 1) is to hear and determine the appeal. Amendment 61 inserts the
definition of the term 'commencement day' into clause 1 of Part 1 of Schedule 10 of
the Bill.
21
Amendment 112: Schedule 10, item 29, page 369 (line 24)
78. Amendment 112 removes the second reference to '1 January 2019' in item 29 and
replaces it with reference to 'the commencement day'. Amendment 61 inserts the
definition of the term 'commencement day' into clause 1 of Part 1 of Schedule 10 of
the Bill. See the explanation provided for amendment 61 for further information.
Amendment 113: Schedule 10, item 29, page 369 (line 31)
79. Amendment 113 removes the second reference to '31 December 2018' in item 29 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 113 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 114: Schedule 10, item 29, page 370 (line 2)
80. Amendment 114 removes the fourth reference to 'after 1 January 2019' in item 29 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if, prior to the
commencement day, an appeal is instituted under section 96 of the Family Law Act,
and the appeal has been referred to the Full Court of the Family Court under
subsection 96(5) of the Family Law Act (or an application for referral has been
made), and on the day before the commencement day there has not been a substantive
hearing of the appeal by a single Judge of the Family Court, then on or after the
commencement day, a Full Court of the Family Law Appeal Division of the Federal
Court will hear and determine the appeal or application, despite the referral.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 115: Schedule 10, heading to Division 3, page 370 (line 17)
81. Amendment 115 removes the reference to '1 January 2019' in the heading to Division
3 of Schedule 10 of the Bill and replaces it with reference to 'the commencement
day'. Amendment 61 inserts the definition of the term 'commencement day' into
clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 116: Schedule 10, item 30, page 370 (line 23)
82. Amendment 116 removes the first reference to '1 January 2019' in item 30 of
Schedule 10 of the Bill and replaces it with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
Amendment 117: Schedule 10, item 30, page 370 (line 31)
83. Amendment 117 removes the reference to '31 December 2018' in item 30 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 117 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
22
Amendment 118: Schedule 10, item 30, page 371 (line 7)
84. Amendment 118 removes the reference to 'after 1 January 2019' in item 30 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if, prior to the
commencement day, a Full Court of the Family Court has either fully or partly heard a
matter listed in subitem 30(1) of the Bill, and on the day prior to the commencement
day, a substantive hearing of the matter has not concluded, or a judgment has not been
delivered, then, on or after the commencement day, the Full Court of the FCFC
(Division 1) must conclude the substantive hearing of the matter and deliver
judgment. Amendment 61 inserts the definition of the term 'commencement day' into
clause 1 of Part 1 of Schedule 10 of the Bill.
Amendments 119 and 120: Schedule 10, items 30 and 31
85. Amendments 119 and 120 removes the second reference to '1 January 2019' in item
30 and the first reference in item 31 of Schedule 10 of the Bill and replaces them with
reference to 'the commencement day'. Amendment 61 inserts the definition of the
term 'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 121: Schedule 10, item 31, page 372 (line 26)
86. Amendment 121 removes the reference to '31 December 2018' in item 31 of
Schedule 10 of the Bill and replaces it with 'the day before the commencement day'.
Amendment 121 maintains the intention that this reference be the day before the
commencement day. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendment 122: Schedule 10, item 31, page 373 (line 1)
87. Amendment 122 removes the reference to 'after 1 January 2019' in item 30 of
Schedule 10 of the Bill and replaces it with 'on or after the commencement day'. The
change from 'after' to 'on or after' reflects the intention that if, prior to the
commencement day, a single Judge of the Family Court has either fully or partly
heard a matter listed in subitem 31(1) of the Bill, and on the day prior to the
commencement day, a substantive hearing of the matter has not concluded, or a
judgment has not been delivered, then, on or after the commencement day, the Judge
as a Judge of the FCFC (Division 1) must conclude the substantive hearing of the
matter and deliver judgment. Amendment 61 inserts the definition of the term
'commencement day' into clause 1 of Part 1 of Schedule 10 of the Bill.
Amendments 123 - 127: Schedule 10, items 33 - 37
88. Amendments 123 to 127 remove references to '1 January 2019' in Parts 1, 2 and 3 of
Schedule 10 of the Bill and replace them with reference to 'the commencement day'.
Amendment 61 inserts the definition of the term 'commencement day' into clause 1
of Part 1 of Schedule 10 of the Bill.
23
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