Federal Courts Legislation Amendment Act 2015

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:

the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is:

the lessor (other than as a sublessor); or

the licensor (other than as a sublicensor); or

the grantor of a right or permission to possess, occupy or use land owned by the Commonwealth; and

a person other than:

the Commonwealth; or

a person suing or being sued on behalf of the Commonwealth; or

a Commonwealth officer or employee;

is:

the lessee (other than as a sublessee); or

the licensee (other than as a sublicensee); or

the grantee of the right or permission.

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.

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:

the rights of the parties to the Commonwealth tenancy dispute;

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);

any modifications of the applicable law that are to apply in relation to the Commonwealth tenancy dispute;

the powers that the Federal Circuit Court of Australia may exercise under the applicable law;

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 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

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)