Federal Courts Legislation Amendment Act 2015
No. 9, 2015
An Act to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 2
3............ Schedules............................................................................................ 2
Schedule 1—Federal Court of Australia 3
Federal Court of Australia Act 1976 3
Schedule 2—Federal Circuit Court of Australia 7
Part 1—Commonwealth tenancy disputes 7
Federal Circuit Court of Australia Act 1999 7
Part 2—Costs 10
Federal Circuit Court of Australia Act 1999 10
Federal Courts Legislation Amendment Act 2015
No. 9, 2015
An Act to amend the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999, and for related purposes
[Assented to 25 February 2015]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Federal Courts Legislation Amendment Act 2015.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Federal Court of Australia
Federal Court of Australia Act 1976
1 Section 4
Insert:
conveyance includes a vehicle, a vessel and an aircraft.
dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.
police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
premises includes a place and a conveyance.
2 Subsection 24(1AA)
After “paragraph (1)(a)”, insert “, (d) or (e)”.
3 Paragraphs 24(1AA)(b) and (d)
Repeal the paragraphs, substitute:
(b) a decision to do, or not to do, any of the following:
(i) join or remove a party;
(ii) adjourn or expedite a hearing;
(iii) vacate a hearing date.
4 After paragraph 24(1D)(c)
Insert:
(ca) a judgment of the Federal Circuit Court under section 17A of the Federal Circuit Court of Australia Act 1999;
5 Paragraphs 33(4A)(b) and (d)
Repeal the paragraphs, substitute:
(b) a decision to do, or not to do, any of the following:
(i) join or remove a party;
(ii) adjourn or expedite a hearing;
(iii) vacate a hearing date.
6 Paragraphs 33(4B)(b) to (h)
Repeal the paragraphs, substitute:
(c) an order under section 29; or
(d) a decision to do, or not to do, any of the following:
(i) join or remove a party;
(ii) grant leave to defend a proceeding;
(iii) reinstate an appeal that was taken to have been abandoned or dismissed;
(iv) extend the time for making an application for leave to appeal;
(v) adjourn or expedite a hearing;
(vi) vacate a hearing date.
7 Application
The amendments of sections 24 and 33 of the Federal Court of Australia Act 1976 made by this Schedule apply to the bringing of appeals on or after the commencement of the amendments, whether the judgments appealed from were made before, on or after that commencement.
8 Subsection 43(1)
Repeal the subsection, substitute:
(1) The Court or a Judge has jurisdiction to award costs in all proceedings before the Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which this or any other Act provides that costs must not be awarded. This is subject to:
(a) subsection (1A); and
(b) section 570 of the Fair Work Act 2009; and
(c) section 18 of the Public Interest Disclosure Act 2013.
9 Application
The amendment of section 43 of the Federal Court of Australia Act 1976 made by this Schedule applies in relation to proceedings instituted on or after the commencement of the amendment.
10 After section 55
Insert:
55A Making arrests under this Act or warrants
Application
(1) This section applies to any of the following persons (the arrester) who is authorised by this Act, or a warrant issued under this Act or the Rules of Court, to arrest another person (the arrestee):
(a) the Sheriff of the Court;
(b) a Deputy Sheriff of the Court;
(c) the Sheriff of a court of a State or Territory;
(d) a Deputy Sheriff of a court of a State or Territory;
(e) a police officer.
Power to enter premises
(2) If the arrester reasonably believes the arrestee is on premises, the arrester may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the arrestee or arresting the arrestee.
(3) However, the arrester must not enter a dwelling house between 9 pm one day and 6 am the next day unless he or she reasonably believes that it would not be practicable to arrest the arrestee there or elsewhere at another time.
Use of force
(4) In the course of arresting the arrestee, the arrester:
(a) must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee’s escape after the arrest; and
(b) must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and
(c) if the arrestee is attempting to escape arrest by fleeing—must not do a thing described in paragraph (b) unless:
(i) the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and
(ii) the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.
Informing the arrestee of grounds for arrest
(5) When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.
(6) It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.
(7) Subsection (5) does not apply if:
(a) the arrestee should, in the circumstances, know the substance of the grounds for the arrest; or
(b) the arrestee’s actions make it impracticable for the arrester to inform the arrestee of those grounds.
11 Application of section 55A
Section 55A of the Federal Court of Australia Act 1976 applies in relation to arrests:
(a) authorised by that Act after the commencement of that section; or
(b) authorised by warrants issued under that Act after that commencement.
Schedule 2—Federal Circuit Court of Australia
Part 1—Commonwealth tenancy disputes
Federal Circuit Court of Australia Act 1999
1 Section 5
Insert:
Commonwealth officer or employee means a person who:
(a) is appointed or engaged under the Public Service Act 1999; or
(b) is appointed under another law of the Commonwealth; or
(c) holds an office established by a law of the Commonwealth; or
(d) is employed by a public authority of the Commonwealth; or
(e) is a member of the Defence Force; or
(f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979).
Commonwealth tenancy dispute means a matter:
(a) involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about:
(i) the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or
(ii) the termination of the lease, licence or other arrangement; or
(iii) the possession, occupation or use of the land; and
(b) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party.
public authority of the Commonwealth means:
(a) a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or
(b) an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or
(c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control.
2 Section 10 (heading)
Repeal the heading, substitute:
10 Original jurisdiction—general
3 After subsection 10(1)
Insert:
(1A) The Federal Circuit Court of Australia also has such original jurisdiction as is vested in it by a legislative instrument made under section 10AA.
4 After section 10
Insert:
10AA Original jurisdiction—Commonwealth tenancy disputes
(1) The Federal Circuit Court of Australia has jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence or other arrangement in which:
(a) the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:
(i) the lessor (other than as a sublessor); or
(ii) the licensor (other than as a sublicensor); or
(iii) the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and
(b) a person other than:
(i) the Commonwealth; or
(ii) a person suing or being sued on behalf of the Commonwealth; or
(iii) a Commonwealth officer or employee;
is:
(iv) the lessee (other than as a sublessee); or
(v) the licensee (other than as a sublicensee); or
(vi) the grantee of the right or permission.
(2) The Minister may, by legislative instrument, confer jurisdiction on the Federal Circuit Court of Australia in respect of any other specified Commonwealth tenancy dispute.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(3) The Minister may, by legislative instrument, make provision for and in relation to all or any of the following matters in respect of a Commonwealth tenancy dispute:
(a) the rights of the parties to the Commonwealth tenancy dispute;
(b) the law (whether a law of the Commonwealth or a law of a State or Territory) to be applied in determining the Commonwealth tenancy dispute (the applicable law);
(c) any modifications of the applicable law that are to apply in relation to the Commonwealth tenancy dispute;
(d) the powers that the Federal Circuit Court of Australia may exercise under the applicable law;
(e) if the Federal Circuit Court of Australia makes an order when exercising jurisdiction over the Commonwealth tenancy dispute—the powers that may be exercised when executing the order or a class of orders.
5 Application
The amendments made by this Part apply in relation to:
(a) a lease, licence or other arrangement entered into before the day this item commences and a Commonwealth tenancy dispute between the parties to the lease, licence or other arrangement that arises before, on or after that day; and
(b) a lease, licence or other arrangement entered into on or after the day this item commences and a Commonwealth tenancy dispute between the parties to the lease, licence or other arrangement that arises on or after that day.
Part 2—Costs
Federal Circuit Court of Australia Act 1999
6 At the end of subsection 79(1)
Add “or section 14, 15 or 16 of the Public Interest Disclosure Act 2013”.
7 Subsection 79(1) (at the end of the note)
Add “See section 18 of the Public Interest Disclosure Act 2013 for proceedings in relation to matters arising under section 14, 15 or 16 of that Act.”.
8 Application
The amendments made by this Part apply in relation to proceedings instituted on or after the commencement of the amendments.
[Minister’s second reading speech made in—
House of Representatives on 27 November 2014
Senate on 3 December 2014]
(251/14)
