Commonwealth: Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Cth)

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 No. 13, 2021 An Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 2021, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia Part 1—Amendments Family Law Act 1975 Federal Court of Australia Act 1976 Part 2—Application, saving and transitional provisions Division 1—Introduction Division 2—Application of amendments Division 3—Saving and transitional provisions: Family Law Act 1975 amendments Division 4—Saving and transitional provisions: Federal Court of Australia Act 1976 amendments Part 3—Amendments not commencing before 1 January 2020 Federal Circuit and Family Court of Australia Act 2021 Part 4—Amendments relating to making Rules of Court Corporations (Aboriginal and Torres Strait Islander) Act 2006 Corporations Act 2001 Family Law Act 1975 Federal Circuit and Family Court of Australia Act 2021 Plant Breeder's Rights Act 1994 Schedule 2—Further consequential amendments Administrative Appeals Tribunal Act 1975 Administrative Decisions (Judicial Review) Act 1977 Admiralty Act 1988 Aged Care Act 1997 Age Discrimination Act 2004 A New Tax System (Family Assistance) (Administration) Act 1999 Antarctic Treaty (Environment Protection) Act 1980 Archives Act 1983 Australian Charities and Not‑for‑profits Commission Act 2012 Australian Crime Commission Act 2002 Australian Energy Market Act 2004 Australian Human Rights Commission Act 1986 Australian Jobs Act 2013 Australian Passports Act 2005 Australian Securities and Investments Commission Act 2001 Australian Security Intelligence Organisation Act 1979 Australian Sports Anti‑Doping Authority Act 2006 Bankruptcy Act 1966 Biosecurity Act 2015 Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 Broadcasting Services Act 1992 Budget Savings (Omnibus) Act 2016 Building and Construction Industry (Improving Productivity) Act 2016 Building Energy Efficiency Disclosure Act 2010 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Civil Dispute Resolution Act 2011 Coal Mining Industry (Long Service Leave) Administration Act 1992 Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 Coastal Trading (Revitalising Australian Shipping) Act 2012 Competition and Consumer Act 2010 Copyright Act 1968 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Corporations Act 2001 Court Security Act 2013 Crimes Act 1914 Criminal Code Act 1995 Customs Act 1901 Defence Act 1903 Defence Force (Home Loans Assistance) Act 1990 Defence Reserve Service (Protection) Act 2001 Designs Act 2003 Do Not Call Register Act 2006 Education Services for Overseas Students Act 2000 Enhancing Online Safety Act 2015 Evidence Act 1995 Extradition Act 1988 Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Family Court of Western Australia (Orders of Registrars) Act 1997 Federal Proceedings (Costs) Act 1981 Foreign Acquisitions and Takeovers Act 1975 Foreign Evidence Act 1994 Freedom of Information Act 1982 Government Procurement (Judicial Review) Act 2018 Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Act 2018 Greenhouse and Energy Minimum Standards Act 2012 Healthcare Identifiers Act 2010 Higher Education Support Act 2003 Horse Disease Response Levy Collection Act 2011 Human Rights Legislation Amendment Act 2017 Illegal Logging Prohibition Act 2012 Imported Food Control Act 1992 Income Tax Assessment Act 1997 Independent Contractors Act 2006 Industrial Chemicals Act 2019 Industrial Chemicals (Notification and Assessment) Act 1989 Inspector‑General of Live Animal Exports Act 2019 Insurance Contracts Act 1984 Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 Interactive Gambling Act 2001 Judges (Long Leave Payments) Act 1979 Judges' Pensions Act 1968 Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 Judiciary Act 1903 Jurisdiction of Courts (Cross‑vesting) Act 1987 Law Enforcement Integrity Commissioner Act 2006 Major Sporting Events (Indicia and Images) Protection Act 2014 Marriage Act 1961 Marriage Amendment (Definition and Religious Freedoms) Act 2017 Maternity Leave (Commonwealth Employees) Act 1973 Migration Act 1958 Mutual Assistance in Criminal Matters Act 1987 My Health Records Act 2012 Narcotic Drugs Act 1967 National Cancer Screening Register Act 2016 National Consumer Credit Protection Act 2009 National Disability Insurance Scheme Act 2013 National Greenhouse and Energy Reporting Act 2007 National Health Act 1953 National Health Security Act 2007 National Measurement Act 1960 National Redress Scheme for Institutional Child Sexual Abuse Act 2018 National Vocational Education and Training Regulator Act 2011 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Ombudsman Act 1976 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Paid Parental Leave Act 2010 Parliamentary Business Resources Act 2017 Personal Property Securities Act 2009 Petroleum and Other Fuels Reporting Act 2017 Plant Breeder's Rights Act 1994 Privacy Act 1988 Proceeds of Crime Act 2002 Product Emissions Standards Act 2017 Product Stewardship Act 2011 Public Interest Disclosure Act 2013 Regulatory Powers (Standard Provisions) Act 2014 Remuneration and Allowances Act 1990 Renewable Energy (Electricity) Act 2000 Resale Royalty Right for Visual Artists Act 2009 Road Vehicle Standards Act 2018 Security of Critical Infrastructure Act 2018 Shipping Registration Act 1981 Social Security Act 1991 Space (Launches and Returns) Act 2018 Stronger Futures in the Northern Territory Act 2012 Student Assistance Act 1973 Taxation Administration Act 1953 Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 Tertiary Education Quality and Standards Agency Act 2011 Therapeutic Goods Act 1989 Tobacco Plain Packaging Act 2011 Trade Marks Act 1995 Trans‑Tasman Proceedings Act 2010 Underwater Cultural Heritage Act 2018 VET Student Loans Act 2016 Water Act 2007 Water Efficiency Labelling and Standards Act 2005 Work Health and Safety Act 2011 Schedule 3—Repeal of the Federal Circuit Court of Australia Act 1999 Part 1—Repeals Federal Circuit Court of Australia Act 1999 Part 2—Saving and transitional provisions Schedule 4—Contingent amendments Part 1—Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Part 2—Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 Part 3—Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021 Fair Work Act 2009 Part 4—Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 Bankruptcy Act 1966 Family Law Act 1975 Federal Circuit and Family Court of Australia Act 2021 Part 5—Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019 Interactive Gambling Act 2001 Part 6—National Sports Tribunal Act 2019 National Sports Tribunal Act 2019 Part 7—Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 8—Student Identifiers Amendment (Enhanced Student Permissions) Act 2020 Student Identifiers Act 2014 Part 9—Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Schedule 5—Transitional provisions Part 1—Introduction Part 2—Continuity of the Family Court of Australia, and Judges and personnel of the Court Part 3—Continuity of the Federal Circuit Court of Australia, and Judges and personnel of the Court Part 4—Transitional arrangements for appeals Division 1—Appeals or applications not made, but time for making appeal or application not expired Division 2—Matters not substantively heard before the commencement day Division 3—Matters substantively heard, in whole or in part, before the commencement day Division 4—Miscellaneous Part 5—Miscellaneous Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 No. 13, 2021 An Act to deal with consequential and transitional matters in connection with the Federal Circuit and Family Court of Australia Act 2021, and for related purposes [Assented to 1 March 2021] The Parliament of Australia enacts: 1 Short title This Act is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 March 2021 2. Schedule 1, Parts 1 and 2 At the same time as the Federal Circuit and Family Court of Australia Act 2021 commences. 1 September 2021 However, the provisions do not commence at all if that Act does not commence. 3. Schedule 1, Part 3 The later of: 1 September 2021 (a) 1 January 2020; and (paragraph (b) applies) (b) at the same time as the commencement of the provisions covered by table item 2. 4. Schedule 1, Part 4 The day after the end of the period of 18 months beginning on the day the Federal Circuit and Family Court of Australia Act 2021 commences. 1 March 2023 5. Schedules 2 and 3 At the same time as the provisions covered by table item 2. 1 September 2021 6. Schedule 4, Part 1 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of Schedule 2 to the Aged Care Legislation Amendment (New Commissioner Functions) Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 7. Schedule 4, Part 2 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 8. Schedule 4, Part 3 The later of: Never commenced (a) at the same time as the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of item 3 of Schedule 4 to the Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 9. Schedule 4, Part 4 The later of: 28 September 2022 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (b) applies) (b) immediately after the commencement of the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020. However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. 10. Schedule 4, Part 5 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of the Interactive Gambling Amendment (National Self‑exclusion Register) Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 11. Schedule 4, Part 6 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of the National Sports Tribunal Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 12. Schedule 4, Part 7 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 13. Schedule 4, Part 8 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of the Student Identifiers Amendment (Enhanced Student Permissions) Act 2020. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 14. Schedule 4, Part 9 The later of: 1 September 2021 (a) at the same time as the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) immediately after the commencement of Schedule 4 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 15. Schedule 5 At the same time as the provisions covered by table item 2. 1 September 2021 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments relating to the Federal Circuit and Family Court of Australia Part 1—Amendments Family Law Act 1975 1 Subsection 4(1) Omit ", the standard Rules of Court and the related Federal Circuit Court Rules, unless the contrary intention appears", substitute "and the applicable Rules of Court". 2 Subsection 4(1) Repeal the following definitions: (a) definition of administrative affairs; (b) definition of appeal; (c) definition of Appeal Division. 3 Subsection 4(1) (definition of applicable Rules of Court) Repeal the definition, substitute: applicable Rules of Court: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—means the Federal Circuit and Family Court of Australia (Division 1) Rules; and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—means the related Federal Circuit and Family Court of Australia (Division 2) Rules; and (c) in relation to any other court—means the standard Rules of Court. 4 Subsection 4(1) (definition of Chief Executive Officer) Repeal the definition, substitute: Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). 5 Subsection 4(1) Repeal the following definitions: (a) definition of Chief Justice; (b) definition of complaint; (c) definition of complaint handler; (d) definition of corporate services. 6 Subsection 4(1) (at the end of the definition of court) Add ", the Federal Circuit and Family Court of Australia Act 2021, the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988". 7 Subsection 4(1) (definition of Deputy Chief Justice) Repeal the definition. 8 Subsection 4(1) Insert: Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). Federal Circuit and Family Court of Australia (Division 1) Rules means the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021. 9 Subsection 4(1) Repeal the following definitions: (a) definition of Federal Circuit Court; (b) definition of Federal Circuit Court Chief Executive Officer. 10 Subsection 4(1) Repeal the following definitions: (a) definition of Full Court; (b) definition of General Division; (c) definition of handle. 11 Subsection 4(1) (definition of Registrar) Repeal the definition, substitute: Registrar means: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—a Senior Registrar or Registrar of the Court; or (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—a Senior Registrar or Registrar of the Court; or (c) in relation to any other court—the principal legal officer of the court or any other appropriate officer of the court. 12 Subsection 4(1) (definition of Registry Manager) Repeal the definition, substitute: Registry Manager: (a) in relation to the Federal Circuit and Family Court of Australia (Division 1), means a Registry Manager of the Court; and (b) in relation to the Federal Circuit and Family Court of Australia (Division 2), means a Registry Manager of the Court; and (c) in relation to any other court, means the principal officer of the court or any other appropriate officer or staff member of the court. 13 Subsection 4(1) Insert: related Federal Circuit and Family Court of Australia (Division 2) Rules means the Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to the extent to which they relate to this Act. 14 Subsection 4(1) Repeal the following definitions: (a) definition of related Federal Circuit Court Rules; (b) definition of relevant belief; (c) definition of split court. 15 Subsection 4(1A) Repeal the subsection, substitute: (1A) In this Act and the applicable Rules of Court, a reference to a Family Court of a State is a reference to a court to which section 41 applies. 16 Subsections 4(2) and (2A) Omit ", the standard Rules of Court or the related Federal Circuit Court Rules", substitute "or the applicable Rules of Court". 17 Subsection 4(3) Repeal the subsection, substitute: (3) To avoid doubt, for all purposes: (a) jurisdiction under a provision of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act is taken to be jurisdiction under this Act; and (b) jurisdiction under paragraphs 25(1)(a) and (b) of the Federal Circuit and Family Court of Australia Act 2021 is taken to be jurisdiction under this Act; and (c) jurisdiction under section 101 of the Child Support (Assessment) Act 1989 and under section 106 of the Child Support (Registration and Collection) Act 1988 is taken to be jurisdiction under this Act; and (d) jurisdiction under the applicable Rules of Court is taken to be jurisdiction under this Act; and (e) proceedings transferred under section 51 or 149 of the Federal Circuit and Family Court of Australia Act 2021 referring to this Act are taken to be proceedings under this Act; and (f) proceedings under the applicable Rules of Court are taken to be proceedings under this Act; and (g) an order (however described) made by a court under the applicable Rules of Court is taken to be an order made by the court under this Act. 18 Subsection 8(1) Repeal the subsection, substitute: (1) After the commencement of this Act, proceedings by way of a matrimonial cause shall not be instituted except under this Act. 19 Section 9 Repeal the section. 20 Paragraphs 10C(1)(c) and (d) Repeal the paragraphs, substitute: (c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family counsellor; or 21 Paragraphs 10G(1)(c) and (d) Repeal the paragraphs, substitute: (c) a person who is authorised to act under section 281 of the Federal Circuit and Family Court of Australia Act 2021 as a family dispute resolution practitioner; or 22 Section 10P Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 23 Section 11B (note) Omit "See Division 1A of Part IVA of this Act", substitute "See Part 1 of Chapter 5 of the Federal Circuit and Family Court of Australia Act 2021". 24 Subsection 11C(1) (note 1) Omit "subsection 38BD(3)", substitute "subsection 281(3) of the Federal Circuit and Family Court of Australia Act 2021". 25 Section 11D Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 1)". 26 Subparagraphs 11E(1)(e)(i) and (ia) Repeal the subparagraphs, substitute: (i) if the court is the Federal Circuit and Family Court of Australia—a family consultant nominated by the Chief Executive Officer; or 27 Subparagraph 11E(1)(e)(iii) Omit ", (ia)". 28 Section 13G (heading) Omit "Family Court and Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 29 Paragraphs 13G(1)(a), (b) and (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) a single judge of the Family Court of a State. 30 Subsection 13G(3) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 31 Section 13J (heading) Omit "Family Court or Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 32 Paragraphs 13J(1)(a), (b) and (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) a single judge of the Family Court of a State. 33 Subsection 13J(2) Omit "Federal Circuit Court of Australia" (wherever occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)". 34 Section 13K (heading) Omit "Family Court and Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia". 35 Paragraphs 13K(1)(a) and (b) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2); or 36 Parts IV and IVA Repeal the Parts. 37 Paragraph 39(1)(a) Repeal the paragraph, substitute: (a) in the Federal Circuit and Family Court of Australia (Division 2); or 38 Subsection 39(1A) Repeal the subsection. 39 Subsection 39(5) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 40 Paragraph 39(5)(b) Repeal the paragraph. 41 Paragraph 39(5)(d) Repeal the paragraph, substitute: (d) proceedings are instituted under: (i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or (ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or 42 Subsections 39(5AA) and (5A) Repeal the subsections. 43 Paragraph 39(6)(b) Repeal the paragraph. 44 Paragraph 39(6)(d) Repeal the paragraph, substitute: (d) proceedings are instituted under: (i) regulations made for the purposes of section 109, 110, 111, 111A or 111B; or (ii) regulations made for the purposes of paragraph 125(1)(f) or (g); or (iii) provisions of the applicable Rules of Court dealing with the attachment of money payable by the Commonwealth, a State, a Territory or the Government of a Territory, or an authority of the Commonwealth, of a State or of a Territory; or 45 Paragraphs 39A(1)(a) and (b) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or 46 Paragraphs 39B(1)(a) and (b) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); and 47 Subsection 39B(1) (notes 1 and 2) Repeal the notes, substitute: Note 1: The exercise of this jurisdiction by the Federal Circuit and Family Court of Australia (Division 2) is subject to section 40. 48 Section 39G Repeal the section, substitute: 39G Jurisdiction in relation to transferred matters under other Commonwealth laws If proceedings in relation to a matter arising under a law of the Commonwealth are transferred under this Act or the Federal Circuit and Family Court of Australia Act 2021 to a court that has jurisdiction conferred on or invested in it by this Division, the jurisdiction so conferred on or invested in the court includes jurisdiction in relation to that matter. 49 Section 40 (heading) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 50 Subsection 40(1) Omit "Family Court under this Act", substitute "Federal Circuit and Family Court of Australia (Division 2) under this Act or the Federal Circuit and Family Court of Australia Act 2021". 51 Subsection 40(6) Omit all the words after "have been instituted in", substitute "the Federal Circuit and Family Court of Australia (Division 2), may apply to that Court for an order transferring the proceedings to the Court, and the Court may order accordingly". 52 Subsection 40(7) Omit "standard Rules of Court", substitute "Federal Circuit and Family Court of Australia (Division 1) Rules and the related Federal Circuit and Family Court of Australia (Division 2) Rules". 53 Section 40A Repeal the section. 54 Subsection 41(3) Omit ", 46, 94 and 96", substitute ", 46, 47A and 47B of this Act and subsection 26(1) of the Federal Circuit and Family Court of Australia Act 2021". 55 Subsection 41(5) Omit "standard Rules of Court", substitute "applicable Rules of Court". 56 Subsection 43(1) Omit "The Family Court shall, in the exercise of its jurisdiction under this Act, and any other court exercising jurisdiction under this Act shall, in the exercise of that jurisdiction,", substitute "A court exercising jurisdiction under this Act must, in the exercise of that jurisdiction,". 57 Subparagraph 44(1B)(a)(ii) Omit "Family Court, the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 58 Subparagraph 44(1B)(a)(iii) Omit "Family Court, the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 59 Subsection 45(1) Omit "or are being continued in accordance with any of the provisions of section 9 and it appears to that court that other proceedings that have been so instituted or are being so continued", substitute "and it appears to that court that other proceedings that have been so instituted". 60 Subsection 45(2) Omit "or are being continued in accordance with any of the provisions of section 9". 61 Paragraphs 45(2)(a) and (b) Repeal the paragraphs, substitute: (a) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 1) and the other court is the Federal Circuit and Family Court of Australia (Division 2); or (b) the first‑mentioned court is the Federal Circuit and Family Court of Australia (Division 2) and the other court is the Federal Circuit and Family Court of Australia (Division 1). 62 Subsection 45(2) (notes 1 and 2) Repeal the notes, substitute: Note 1: For transfers from the Federal Circuit and Family Court of Australia (Division 1) to the Federal Circuit and Family Court of Australia (Division 2), see section 52 of the Federal Circuit and Family Court of Australia Act 2021. Note 2: For transfers from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1), see sections 51 and 149 of the Federal Circuit and Family Court of Australia Act 2021. 63 Subparagraphs 46(1)(a)(i) to (iii) Repeal the subparagraphs, substitute: (i) the Federal Circuit and Family Court of Australia (Division 2); or (ii) a Family Court of a State; or (iii) the Supreme Court of a State or Territory; and 64 Subparagraphs 46(1)(b)(i) to (iii) Repeal the subparagraphs, substitute: (i) the Federal Circuit and Family Court of Australia (Division 2); or (ii) a Family Court of a State; or (iii) the Supreme Court of a State or Territory. 65 Paragraphs 46(1C)(a) to (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) a Family Court of a State; or (c) the Supreme Court of a State or Territory. 66 Paragraphs 46(2A)(c) to (e) Repeal the paragraphs, substitute: (c) the Federal Circuit and Family Court of Australia (Division 2); or (d) a Family Court of a State; or (e) the Supreme Court of a State or Territory. 67 Subsection 46(3A) Omit ", or continued under section 9,". 68 Paragraphs 46(3A)(a) to (c) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); (b) a Family Court of a State; (c) the Supreme Court of a State or Territory; 69 At the end of Part V Add: Division 4—Appeals 47A Appeals from courts of summary jurisdiction (1) Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under: (a) this Act; or (b) the Child Support (Assessment) Act 1989; or (c) the Child Support (Registration and Collection) Act 1988; to: (d) the Federal Circuit and Family Court of Australia (Division 1); or (e) the Supreme Court of that State or Territory. (2) Subsection (1) does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia. (3) An appeal under subsection (1) must be instituted within: (a) in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1): (i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or (ii) such further time as is allowed in accordance with those Rules; and (b) in any other case: (i) the time prescribed by the standard Rules of Court; or (ii) such further time as is allowed in accordance with those Rules. (4) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section. Note: For jurisdiction in relation to child support legislation, see section 101 of the Child Support (Assessment) Act 1989 and section 106 of the Child Support (Registration and Collection) Act 1988. (5) The Governor‑General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes. (6) The court hearing an appeal under this section: (a) must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and (b) must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given: (i) by affidavit; or (ii) by oral examination before the court; or (iii) as provided for in Division 2 of Part XI; and (c) may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal. Decrees made in section 69GA proceedings treated like decrees of courts of summary jurisdiction (7) This section applies in relation to a decree of a court made in section 69GA proceedings in the same way as this section would apply in relation to a decree of a court of summary jurisdiction. 47B Leave to appeal needed for child support matters (1) Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under: (a) the Child Support (Assessment) Act 1989; or (b) the Child Support (Registration and Collection) Act 1988. (2) Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under: (a) the Child Support (Assessment) Act 1989; or (b) the Child Support (Registration and Collection) Act 1988. (3) An application for leave to appeal must be made within: (a) in the case of leave of the Federal Circuit and Family Court of Australia (Division 1): (i) the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or (ii) such further time as is allowed in accordance with those Rules; and (b) in any other case: (i) the time prescribed by the standard Rules of Court; or (ii) such further time as is allowed in accordance with those Rules. (4) The applicable Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. 47C Appeal may be dismissed if no reasonable prospect of success (1) If: (a) an appeal has been instituted in a court under this Division; and (b) it appears to the court that the appeal has no reasonable prospect of success; the court may, at any time, order that the proceedings on the appeal be dismissed. (2) This section does not limit any powers that the court has apart from this section. 47D Appeals to High Court may not be brought (1) An appeal must not be brought directly to the High Court from a decree of the following courts exercising jurisdiction under this Act: (a) a court of summary jurisdiction of a State or Territory; (b) a Family Court of a State; (c) a Supreme Court of a State or Territory constituted by a single Judge. Note: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021. (2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words ", except by special leave of the High Court" were inserted after the words "this Act" in subsection (1). 47E Regulations to be sole source of certain appellate jurisdiction Despite the provisions of this Division, a court has appellate jurisdiction in relation to a matter arising under regulations made for the purposes of section 111C only as provided by those regulations. 70 Subsection 55(5) (paragraphs (d) and (e) of the definition of appeal) Repeal the paragraphs, substitute: (d) a review by the Federal Circuit and Family Court of Australia (Division 1) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of: (i) the divorce order; or (ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or (iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or (e) a review by the Federal Circuit and Family Court of Australia (Division 2) of the making, by the Chief Executive Officer, or a Senior Registrar or Registrar of that Court, of: (i) the divorce order; or (ii) an order under section 55A in relation to the proceedings in which the divorce order was made; or (iii) an order determining an application under section 57 or 58 for rescission of the divorce order; or 71 Subsection 56(2) Omit all the words after "certificate", substitute: that certifies that the divorce order has taken effect and is signed by: (a) if the court is the Federal Circuit and Family Court of Australia (Division 1)—the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or (b) if the court is the Federal Circuit and Family Court of Australia (Division 2)—the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or (c) in relation to any other court—the Registrar of that court. 72 At the end of Part VI Add: 60 No appeal after divorce order takes effect An appeal does not lie from a divorce order after the order takes effect. 73 Subsection 60F(5) (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. 74 Section 60G (heading) Omit "Family Court may grant leave", substitute "Leave may be granted". 75 Subsection 60G(1) Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 2)". 76 Subsection 60H(6) (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. 77 Subsection 60HA(4) (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. 78 Subsection 60HB(2) (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. 79 Subsections 60I(2) to (5) Repeal the subsections. 80 Subsection 60I(6) (heading) Repeal the heading, substitute: Applications for a Part VII order 81 Paragraph 60J(1)(a) Omit "subsections 60I(5) and (6)", substitute "subsection 60I(6)". 82 Subsection 64B(9) (definition of this Act) Repeal the definition, substitute: this Act includes the applicable Rules of Court. 83 Subsection 65D(3) (note) Repeal the note, substitute: Note 1: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 1) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 2): see section 52 of the Federal Circuit and Family Court of Australia Act 2021. Note 2: The applicant may apply to the Federal Circuit and Family Court of Australia (Division 2) for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit and Family Court of Australia (Division 1): see section 149 of the Federal Circuit and Family Court of Australia Act 2021. Note 3: Proceedings may also be transferred from the Federal Circuit and Family Court of Australia (Division 2) to the Federal Circuit and Family Court of Australia (Division 1) by order of the Chief Justice: see section 51 of the Federal Circuit and Family Court of Australia Act 2021. 84 Subsection 67Z(2) Omit "the prescribed form", substitute "an approved form". 85 Subsection 67Z(4) Insert: approved form means a form approved for the purposes of this section under the applicable Rules of Court. 86 Subsection 67Z(4) (definition of prescribed form) Repeal the definition. 87 Paragraph 67ZA(1)(a) Repeal the paragraph, substitute: (a) the Chief Executive Officer; or (aa) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or (ab) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); or 88 Paragraph 67ZA(1)(c) Repeal the paragraph. 89 Subsection 67ZBA(2) Omit "the prescribed form", substitute "an approved form". 90 Subsection 67ZBA(4) Insert: approved form means a form approved for the purposes of this section under the applicable Rules of Court. 91 Subsection 67ZBA(4) (definition of prescribed form) Repeal the definition. 92 Section 69H (heading) Repeal the heading, substitute: 69H Jurisdiction of Federal Circuit and Family Court of Australia (Division 2), State Family Courts and Northern Territory Supreme Court 93 Subsection 69H(1) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 94 Subsection 69H(4) Repeal the subsection. 95 Paragraphs 69N(2)(a) to (d) and (3)(a) to (d) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) the Family Court of a State; or (c) the Supreme Court of the Northern Territory. 96 Subparagraphs 69N(5)(b)(i) to (iv) Repeal the subparagraphs, substitute: (i) the Federal Circuit and Family Court of Australia (Division 2); or (ii) the Family Court of a State; or (iii) the Supreme Court of the Northern Territory. 97 Paragraphs 69N(6)(a) to (d) Repeal the paragraphs, substitute: (a) the Federal Circuit and Family Court of Australia (Division 2); or (b) the Family Court of a State; or (c) the Supreme Court of the Northern Territory. 98 Section 69ZO Repeal the section, substitute: 69ZO This Division also applies to proceedings in Chambers The following persons, when hearing child‑related proceedings in Chambers, have all of the duties and powers that a court has under this Division: (a) in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; (b) in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; (c) in any other case—a Judge, Registrar or magistrate. Note: An order made in Chambers has the same effect as an order made in open court. 99 Subsection 69ZR(3) Omit "a judge, Judicial Registrar, Registrar or magistrate", substitute "a person". 100 Section 70M (heading) Omit "Registrar", substitute "Registry Manager". 101 Paragraph 70NFD(a) Omit "Family Court or the Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 1) or the Federal Circuit and Family Court of Australia (Division 2)". 102 Paragraph 70NFD(b) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia". 103 Subsection 79(9) Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)". 104 Paragraph 79(9)(a) Repeal the paragraph, substitute: (a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate: (i) in the case of the Federal Circuit and Family Court of Australia (Division 1)—with the Chief Executive Officer, or a Senior Registrar or Registrar of the Court; or (ii) in the case of the Family Court of that State—with a Senior Registrar or Registrar of that Family Court; or 105 Paragraph 79H(3)(c) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 106 Subsection 90SM(9) Omit "Family Court" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)". 107 Paragraph 90SM(9)(a) Repeal the paragraph, substitute: (a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); or 108 Paragraph 90SQ(3)(c) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 109 Part X Repeal the Part. 110 Subsection 97(1) Omit "Family Court, in the Federal Circuit Court of Australia,", substitute "Federal Circuit and Family Court of Australia". 111 Subsection 97(1A) Omit all the words after "heard", substitute: by: (a) in the case of the Federal Circuit and Family Court of Australia (Division 1)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and (b) in the case of the Federal Circuit and Family Court of Australia (Division 2)—a Judge, the Chief Executive Officer, or a Senior Registrar or Registrar of the Court, sitting in Chambers; and (c) in any other case—a Judge, Registrar or magistrate sitting in Chambers. 112 Subsection 97(2) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia". 113 Subsection 98(1) Omit "(1)". 114 Subsection 98(1) Omit "standard Rules of Court", substitute "applicable Rules of Court". 115 Subsection 98(2) Repeal the subsection (including the note). 116 Sections 98AA and 98AB Repeal the sections. 117 Subsection 100B(2) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia". 118 Subsection 102F(7) (definition of courtroom) Repeal the definition, substitute: courtroom, in relation to a Judge or a court, means the courtroom or other place where the Judge or court is sitting. 119 Subsection 102G(2) Omit "(that is not a split court)". 120 Subsection 102G(3) Repeal the subsection. 121 Section 102H Repeal the section. 122 Subsection 102J(1) Omit "(1)". 123 Subsection 102J(2) Repeal the subsection. 124 Paragraph 102K(1)(c) Omit "Division; or", substitute "Division.". 125 Paragraph 102K(1)(d) Repeal the paragraph. 126 Division 3 of Part XI Repeal the Division. 127 Division 4 of Part XI (heading) Repeal the heading, substitute: Division 3—Cross‑examination of parties where allegations of family violence 128 Subsection 102Q(1) (paragraphs (a) and (b) of the definition of appropriate court official) Repeal the paragraphs, substitute: (a) in relation to the Federal Circuit and Family Court of Australia—the Chief Executive Officer; and 129 Subsection 105(1) (note) Repeal the note. 130 Subsection 109A(1) Omit "the Judges, or a majority of them,", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)". 131 Subsection 109A(5) (note) Repeal the note. 132 After section 109A Insert: 109AA Rules of Court relating to enforcement—Federal Circuit and Family Court of Australia (Division 1) (1) Section 109A applies to the making of Rules of Court under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 in a corresponding way to the way in which it applies to the making of Rules of Court under section 123 of this Act. (2) For the purposes of the application of section 109A in accordance with subsection (1) of this section: (a) the reference in subsection 109A(1) to the court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and (b) each reference in subsection 109A(2) to a court is to be read as a reference to the Federal Circuit and Family Court of Australia (Division 1); and (c) each reference in subsection 109A(2) to a Registrar is to be read as a reference to the Chief Executive Officer, or a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1). (3) Section 109A has no effect in relation to the Federal Circuit and Family Court of Australia (Division 1) except as provided by subsections (1) and (2) of this section. 133 Section 109B (heading) Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 134 Subsection 109B(1) Omit "section 81 of the Federal Circuit Court of Australia Act 1999", substitute "Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021". 135 Paragraphs 109B(2)(a) and (b) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 136 Paragraph 109B(2)(c) Omit "a Registrar of the Federal Circuit Court of Australia", substitute "the Chief Executive Officer, or a Registrar of the Federal Circuit and Family Court of Australia (Division 2)". 137 Subsection 109B(3) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 2)". 138 At the end of subsection 111C(5) Add "or the Federal Circuit and Family Court of Australia Act 2021". 139 Subsection 111C(7A) Omit "the Judges, or a majority of them,", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)". 140 After subsection 111C(7A) Insert: (7B) The power of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders. (7C) The power of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021 to make Rules of Court extends to making Rules of Court for or in relation to the making of adoption orders. 141 Paragraph 111CV(1A)(b) Repeal the paragraph, substitute: (b) the Chief Executive Officer; and (ba) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 1); and (bb) a Senior Registrar or Registrar of the Federal Circuit and Family Court of Australia (Division 2); and 142 Paragraph 111CV(1A)(d) Repeal the paragraph. 143 Section 112AA (definition of applicable Rules of Court) Repeal the definition. 144 Subsection 112AK(1) Repeal the subsection, substitute: (1) Subject to this section, an order made under section 112AD may be varied or discharged by the court that made the order or the Federal Circuit and Family Court of Australia. 145 Subsection 115(2) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia". 146 At the end of subsection 117(2) Add: Note 1: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 1), see paragraphs 69(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021. Note 2: For other provisions about the award of costs by the Federal Circuit and Family Court of Australia (Division 2), see paragraphs 192(4)(d) and (e) of the Federal Circuit and Family Court of Australia Act 2021. 147 Subsection 121(10) (note) Omit "26B, 37A,". 148 After section 122 Insert: 122AAA Protection of Registrars conducting conferences about property matters (1) In conducting a conference that: (a) is with the parties to property settlement proceedings; and (b) relates to the matter to which the proceedings relate; a Registrar of a Family Court of a State has the same protection and immunity as a Judge of the Court has in performing the functions of a Judge. (2) This section does not limit any other protection or immunity such a Registrar has (in relation to such a conference or otherwise). 149 Subsection 122A(1) Omit ", the standard Rules of Court or the related Federal Circuit Court Rules", substitute "or the applicable Rules of Court". 150 Paragraphs 122A(1)(a) and (b) Omit "Family Court", substitute "Federal Circuit and Family Court of Australia (Division 1)". 151 Paragraphs 122A(1)(c) and (d) Omit "Federal Circuit Court", substitute "Federal Circuit and Family Court of Australia (Division 2)". 152 Subsection 123(1) Omit "Judges, or a majority of them,", substitute "Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)". 153 Subsection 123(1) Omit "in the Family Court and, subject to subsection 69GA(3), any other courts", substitute ", subject to subsection 69GA(3), in a court". 154 Subsection 123(1) Omit "those courts", substitute "the court". 155 Paragraph 123(1)(b) Omit "the Family Court or another court", substitute "a court". 156 Paragraphs 123(1)(bb), (c) and (d) Repeal the paragraphs. 157 Paragraph 123(1)(f) Omit "the Family Court and in any other court", substitute "a court". 158 Paragraph 123(1)(ma) Omit "Divisions 2 and 3", substitute "Division 2". 159 Subparagraph 123(1)(sda)(i) Omit "subsection 38BD(1) of this Act", substitute "subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021". 160 Subparagraph 123(1)(sdb)(i) Omit "subsection 38BD(2) of this Act", substitute "subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021". 161 Paragraph 123(1)(sea) Omit "subsection 38BD(1) of this Act", substitute "subsection 281(1) of the Federal Circuit and Family Court of Australia Act 2021". 162 Paragraph 123(1)(seb) Omit "subsection 38BD(2) of this Act", substitute "subsection 281(2) of the Federal Circuit and Family Court of Australia Act 2021". 163 At the end of subsection 123(1) Add: Note 1: For other powers to make Rules of Court, see section 109A and subsection 111C(7A). Note 2: The power to make Rules of Court under this section will be amended 18 months after the commencement of the Federal Circuit and Family Court of Australia Act 2021, to provide for the Rules to be made by the Judges of the Federal Circuit and Family Court of Australia (Division 1), or a majority of them (see Part 4 of Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021). 164 Subsection 123(1A) Omit "Federal Circuit Court of Australia", substitute "Federal Circuit and Family Court of Australia". 165 Subsection 123(2) Omit "made by Judges under this section or any other Act", substitute "made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this section or any other Act (other than the Federal Circuit and Family Court of Australia Act 2021)". 166 Paragraph 123(2)(b) Repeal the paragraph. 167 Subsection 123(2A) Omit "made by Judges under this or any other Act", substitute "made by the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) under this Act". 168 Subsection 123(3) Repeal the subsection (including the note). 169 Subsection 124(1) Omit "Family Court of Australia" (first occurring), substitute "Federal Circuit and Family Court of Australia (Division 1), such Judges of the Federal Circuit and Family Court of Australia (Division 2)". 170 Subsection 124(1) Omit "Family Court of Australia" (second occurring), substitute "Federal Circuit and Family Court of Australia (Division 1)". 171 Subsection 124(2) Omit "the Judges referred to in section 123", substitute "the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1)". 172 Subsection 124(2) Omit "those Judges", substitute "the Chief Justice of the Court". 173 Subsection 124(6) Omit "Family Court of Australia", substitute "Federal Circuit and Family Court of Australia (Division 1)". 174 Paragraph 125(1)(ba) Repeal the paragraph. 175 Paragraph 125(1)(baa) Omit "the Family Court and any other court", substitute "a court". 176 Paragraph 125(1)(ca) Repeal the paragraph. 177 Paragraphs 125(1)(d) and (e) Omit "and fees prescribed under paragraph (ca)". Federal Court of Australia Act 1976 178 Section 4 (definition of administrative affairs) Repeal the definition, substitute: administrative affairs: (a) of the Court—has a meaning affected by subsection 18A(1A) of this Act; and (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court. 179 Section 4 Insert: Chief Executive Officer of the Federal Circuit and Family Court of Australia means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). 180 Section 4 (definition of corporate services) Repeal the definition, substitute: corporate services: (a) of the Court—has the meaning given by subsection 18A(1B) of this Act; and (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court. 181 Section 4 (definition of Family Court Chief Executive Officer) Repeal the definition. 182 Section 4 Insert: family law or child support proceeding means a proceeding under: (a) the Family Law Act 1975; or (b) the Child Support (Assessment) Act 1989; or (c) the Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act). Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). 183 Section 4 Repeal the following definitions: (a) definition of Federal Circuit Court; (b) definition of Federal Circuit Court Chief Executive Officer. 184 Subsection 6(2) Repeal the subsection, substitute: (2) A person is not to be appointed as a Judge unless: (a) the person: (i) is or has been a Judge of a prescribed court or of a court of a State; or (ii) has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and (b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court. 185 After section 13 Insert: 13A Authorised Judges may manage classes of proceedings (1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified: (a) in the instrument; or (b) by the Ru