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FEDERAL MAGISTRATES (DELEGATION TO REGISTRARS) RULES 2000 2000 NO. 171
EXPLANATORY STATEMENTStatutory Rule 2000 No. 171
Issued by the authority of the federal magistrates of the Federal Magistrates Court of Australia
Federal Magistrates (Delegation to Registrars) Rules 2000
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. The rules may provide for the practice and procedure to be followed in the court and in its registries. 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 court business.
Under sub-section 81(3) of the Federal Magistrates Act 1999 Rules of Court are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.
These are the first rules of the Federal Magistrates Court of Australia and came into operation on 23 June 2000. They will be reviewed regularly.
RULE 1.1 - Name of rules
This rule provides that the rules are the Federal Magistrates (Delegation to Registrars) Rules 2000.
RULE 1.2 - Commencement
This rule provides that the rules commence on 23 June 2000.
RULE 1.3 - Definition
This rule provides that in the rules 'Act' means the Federal Magistrates Act 1999.
RULE 1.4 - Delegation of powers to registrars
Subrule 1.4(1) provides that the powers of the Federal Magistrates Court of Australia under the Bankruptcy Act 1966 that are referred to in a table are delegated to each registrar of the Federal Magistrates Service.
Those powers are -
Item Provision Description (for information only)
1 subsection 30 (1) (only for power to set aside a bankruptcy notice
an application to set aside
a bankruptcy notice)
2 section 33 adjournment, amendment of process and extension
and abridgment of time
3 subsection 41 (6A) extension of time for compliance with a bankruptcy
notice
4 subsection 43 (1) power to make a sequestration order
5 subsection 46 (2) power to make a sequestration order against 2 or
more debtors
6 subsection 47 (2) power to give leave to withdraw a creditor's
petition after presentation
7 section 49 power to permit the substitution of another creditor
as petitioner
8 subsection 52 (1) power to make a sequestration order -against the
estate of a debtor
9 subsection 52 (2) power to dismiss a petition
10 subsection 52 (5) power to extend a period at the expiration of which a petition will lapse
11 section 81 powers for examination
12 section 139ZU power to grant a bankrupt permission to leave
Australia
13 section 206 power to adjourn a petition if creditors have passed
a resolution for a deed and to subsequently dismiss
the petition
14 subsection 244 (9) power to direct service of petition on a person under
part XI
15 subsection 244 (10) power to dispense with service of a petition under
Part XI
16 subsection 244 (11) power to make an order for administration of estate
under Part )a
17 subsection 244 (12) power to dismiss a petition under Part XI
18 subsection 244 (13) power to give leave to present a petition under Part
XI
19 subsection 247 (1A) power to make an order for administration of a
petition by person administering estate
20 section 264B power to issue a warrant
21 subsection 309 (2) power to order substituted service
Subrule 1.4(2) provides that the power of the Federal Magistrates Court of Australia to make a decree of dissolution of a marriage and the powers to make orders to extend or reduce the time at which a decree nisi will become absolute or to make a declaration as to the arrangements that have been made in relation to children of a marriage.
Subrule 1.4(3) provides that the powers listed in subsection 102(2) of the Federal Magistrates Act are delegated to each registrar.
Subrule 1.4(4) provides that a registrar may exercise a delegated power only if he or she is approved, personally or within a class, to exercise the power by the Chief Federal Magistrate.