Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT OF AUSTRALIA AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 37

STATUTORY RULES 2000 NO. 37

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Federal Court of Australia Act 1976

Federal Court of Australia Amendment Regulations 2000 (No. 1)

Section 60 of the Federal Court of Australia Act 19 76 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing certain fees in respect of proceedings in the Court. Pursuant to this power, the Federal Court of Australia Regulations ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the Federal Court of Australia.

The purpose of the Regulations is to amend the Principal Regulations, to make consequential amendments to provide a fee "cap" in respect of applications made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Under the Principal Regulations, fees are imposed under regulation 2 for filing; regulation 2A for hearing and regulation 2AA for setting down. Regulation 2AB provides for biennial increases in fees. These fees are not payable on the grounds listed under subparagraph 2(4)(b); subregulation 2A(2) and subregulation 2AA(2), respectively.

Schedule 1 - Clause 1

The amendment of subregulation 2(1B) of the Principal Regulations specifies that the relevant filing fee for a corporation, in respect of an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986, is $50.00.

Item 1AA provides that the fee for filing an application under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986 is $50.00.

Schedule 1 - Clause 2

The insertion of subregulation 2(1BA), after subregulation 2(1B) of the Principal Regulations, provides that only a filing fee is payable in respect of an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Schedule 1 - Clause 3

The amendment of subregulation 2(1CA) of the Principal Regulations inserts a reference to subregulation 2(1BA), as a grounds for excluding fees in respect of an application for appeal under section 24 of the Federal Court of Australia Act 1976. This is on the basis that only a "capped" filing fee is payable in respect an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Schedule 1 - Clause 4

The amendment of paragraph 2AA(2)(d) of the Principal Regulations inserts a reference to subregulation 2(1BA), as a ground for excluding setting down fees. This is on the basis that only a "capped" filing fee is payable in respect an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Schedule 1 - Clause 5

The amendment of paragraph 2A(2)(d) of the Principal Regulations inserts a reference to subregulation 2(1BA), as a ground for excluding hearing fees. This is on the basis that only a "capped" filing fee is payable in respect an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Schedule 1 - Clause 6

The amendment of regulation 2AB of the Principal Regulations inserts a reference to item 1AA, as a ground for excluding biennial increases in fees. This is on the basis that only a "capped" filing fee is payable in respect an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

Schedule 1 - Clause 7

The amendment of regulation 2AC is consequential to the amendment to Clause 6. It ensures that a filing fee payable in respect an application made under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986 is not included in the definition of a fee for the purposes of the biennial fee increases under regulation 2AB.

Schedule 1 - Clause 8

The insertion of item 1AA in Schedule 1 of the Principal Regulations, provides that the fee for filing an application under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986 is $50.00.

Schedule 1 - Clause 9

The substitution of note 3 in Schedule 1 of the Principal Regulations, provides that only fees in respect of applications under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986 and section 170CP of the Workplace Relations Act 1996 are excluded from biennial fee increases under regulation 2AB.

Waiver of filing fees in respect of applications under section 46PO of the Human Rights an Equal Opportunity Commission Act 1986

The fee for filing an application under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986 would be subject to the normal provisions allowing for the waiver of fees. That is, the $50 filing fee could be waived by the Federal Court Registrar on the grounds listed under subparagraph 2(4)(c).

The Regulations commence on the commencement of item 61 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999. Item 61 of Schedule 1 provides for an application to be made to the Federal Court under section 46PO of the Human Rights and Equal Opportunity Commission Act 1986.

The date of commencement of item 61 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 is 13 April 2000, which is six months after Royal Assent.