Schedules
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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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:
a decision to do, or not to do, any of the following:
join or remove a party;
adjourn or expedite a hearing;
vacate a hearing date.
4 After paragraph 24(1D)(c)
Insert:
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:
a decision to do, or not to do, any of the following:
join or remove a party;
adjourn or expedite a hearing;
vacate a hearing date.
6 Paragraphs 33(4B)(b) to (h)
Repeal the paragraphs, substitute:
an order under section 29; or
a decision to do, or not to do, any of the following:
join or remove a party;
grant leave to defend a proceeding;
reinstate an appeal that was taken to have been abandoned or dismissed;
extend the time for making an application for leave to appeal;
adjourn or expedite a hearing;
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:
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:
subsection (1A); and
section 570 of the Fair Work Act 2009; and
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:
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