EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 317

 

FEDERAL MAGISTRATES COURT (BANKRUPTCY) AMENDMENT RULES 2009 (NO. 1)

 

 

Issued by the authority of the Federal Magistrates of the Federal Magistrates Court of Australia.

 

 

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 Federal Magistrates Act 1999.

 

The Federal Magistrates have agreed to adopt the Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 No. 1 (‘the Amendment Rules’).

 

The Amendment Rules include miscellaneous amendments to the Federal Magistrates Court Bankruptcy Rules 2006 (‘the Rules’), to make a minor amendment to the note on Form 7 by setting out the title of the enabling Act the Federal Magistrates Act 1999,to clarify that this is the Act which is referred to. In addition the reference to Rule 2.03 on Form 7 is amended by way of clarification, to avoid any confusion that the reference is to Rule 2.03 of the Federal Magistrates Court (Bankruptcy) Rules 2006

 

The Amendment Rules have been the subject of consultation with the Federal Court

 

Details of the Amendment Rules are in the Attachment.

 

The Amendment Rules commence on 30 November 2009

 

 

 

ATTACHMENT

 

Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1)

 

1 – Name of Rules

 

Rule 1 provides that the Rules are to be cited as the Federal Magistrates Court (Bankruptcy) Amendment Rules 2009 (No. 1).

 

Rule 2 – Commencement

 

Rule 2 provides that the Rules will commence on 30 November 2009

 

Rule 3 – Amendment to the Federal Magistrates Court (Bankruptcy) Rules 2006

 

Rule 3 provides that the Rules are amended as set out in Schedules 1

 

SCHEDULE 1

 

[1] Schedule 1,Form 7, note

 

The amendment makes a minor amendment to the note on Form 7 by setting out the title of the enabling Act, the Federal Magistrates Act 1999, to clarify that this is the Act which is referred to.

 

[2] Schedule 1, Form 7, note

 

The reference to Rule 2.03 on the note to Form 7 is amended by way of clarification, to avoid any confusion that the reference is to Rule 2.03 of the Federal Magistrates Court (Bankruptcy) Rules 2006