Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT (CORPORATIONS) AMENDMENT RULES 2002 (NO. 1) 2002 NO. 97

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 97

Issued by the authority of the Judges of the Federal Court of Australia

Federal Court (Corporations) Amendment Rules 2002 (No. 1)

Section 59 of the Federal Court of Australia Act 1976 permits the Judges of the Court or a majority of them, to make rules of Court not inconsistent with the Act. These rules may provide for the practice and procedure to be followed in the Court and in Registries of the Court. They may extend to all matters incidental to any such practice or procedure that are necessary or convenient to be prescribed for the conduct of any business of the Court.

Under sub-section 59 (4) of the Federal Court of Australia Act 1976, sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 which relate to the making of regulations, apply to these Rules of Court as if references to the regulations in those sections were references to Rules of Court.

DIVISION 1 PRELIMINARY

RULE 1       Name of rules

This rule provides that the Rules are to be cited as the Federal Court (Corporations) Amendment Rules 2002 (No. 1).

RULE 2       Commencement

This rule provides that these Rules commence on gazettal.

RULE 3       Amendment of Federal Court (Corporations) Rules 2000

This rule provides that the Federal Court (Corporations) Rules 2000 are amended as set out in Schedule 1.

SCHEDULE 1 - AMENDMENTS

Powers of the Court that may be exercised by a Registrar

[1]       Schedule 2, Part 1, after item 97

Schedule 2 sets out the powers of the Court that may be exercised by a Registrar.

The Schedule is amended by inserting the power under subsection 601AH (2) of the Corporations Act 2001 to order reinstatement of registration of a company.


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