EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2006 No. 254

 

 

Issued by the authority of the

Federal Magistrates of the Federal Magistrates Court of Australia

 

 

Federal Magistrates Court (Bankruptcy) Amendment Rules 2006 (No 1)

 

 

Section 81 of the Federal Magistrates Act 1999 permits the Federal Magistrates 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 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 81 (3) of the Federal Magistrates Act 1999, the Legislative Instruments Act 2003 (other than sections 5, 6, 7, 10, 11 and 16 of that Act) applies in relation to rules of court made by the Court under the Federal Magistrates Act 1999 or another Act:

(a)           as if a reference to a legislative instrument were a reference to a rule of court; and

(b)          as if a reference to a rule-maker were a reference to the Chief Federal Magistrate acting on behalf of the Federal Magistrates of the Court; and

(c)           subject to such further modifications or adaptations as are provided for in regulations made under section 120 of the Federal Magistrates Act 1999.

 

The Federal Magistrates have agreed to amend Forms 3 and 17 of the Federal Magistrates Court (Bankruptcy) Rules 2006.

 

The amendments have been the subject of consultation with the Law Council of Australia. They have also been discussed with the Federal Court, which will make the same changes to the Federal Court (Bankruptcy) Rules 2005.

 

Details of the Rules are in the Attachment.

 

The Rules commence on 8 October 2006.

 

ATTACHMENT

 

Federal Magistrates Court (Bankruptcy) Amendment Rules 2006 (No 1)

 

RULE 1 Name of rules

 

This rule provides that the Rules are to be cited as the Federal Magistrates Court (Bankruptcy) Amendment Rules 2006 (No 1).

 

RULE 2 Commencement

 

This rule provides that these Rules commence on 8 October 2006.

 

RULE 3 Amendment of Federal Magistrates Court (Bankruptcy) Rules 2006

 

This rule provides that the Federal Magistrates Court (Bankruptcy) Rules 2006 are amended as set out in Schedule 1.

 

SCHEDULE 1

 

[1] Schedule 1, Form 3

 

This amendment substitutes a new Form 3, which is the prescribed form for an interim application in a proceeding under the Bankruptcy Act 1968. The effect of the amendment is to alter the signature block.

 

[2] Schedule 1, Form 17

 

This amendment substitutes a new Form 17, which is the prescribed form for an apprehension warrant. The effect of the amendment is to insert the words “to the Court [address] or a registry of the Court that is convenient” at the end of the fourth paragraph, and to replace the reference in the fifth paragraph to “a [place]” with the phrase “a convenient place”.

 

The purpose of the amendment is to provide greater flexibility to officers executing an apprehension warrant, particularly when the person who is subject to the warrant is interstate.