Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017

I, George Brandis QC, Attorney‑General, make the following instrument.

Dated 14 November 2017

George Brandis QC

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Federal Circuit Court (Commonwealth Tenancy Disputes) Instrument 2015

1  Name

  This instrument is the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 10AA of the Federal Circuit Court of Australia Act 1999.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Federal Circuit Court (Commonwealth Tenancy Disputes) Instrument 2015

1  At the end of Subdivision A of Division 2 of Part 3

Add:

15A  Powers when executing orders made by the Court

  If the Federal Circuit Court of Australia makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:

 (a) the Federal Circuit Court of Australia may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and

 (b) a Registrar of the Federal Circuit Court of Australia may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;

to the extent that those powers are relevant to the execution or enforcement of the order.

2  At the end of the instrument

Add:

21  Powers when executing orders made by the Court

  If the Federal Circuit Court of Australia makes an order when exercising jurisdiction over a Commonwealth tenancy dispute involving land in the Jervis Bay Territory:

 (a) the Federal Circuit Court of Australia may exercise any powers of the ACT Civil and Administrative Tribunal under the applicable Jervis Bay Territory law; and

 (b) a Registrar of the Federal Circuit Court of Australia may exercise any powers of a registrar of the ACT Civil and Administrative Tribunal;

to the extent that those powers are relevant to the execution or enforcement of the order.

Part 4—Transitional and application provisions

Division 1—Application of the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017

50  Application of amendments

  The amendments made by the Federal Circuit Court (Commonwealth Tenancy Disputes) Amendment Instrument 2017 apply in relation to Commonwealth tenancy disputes arising before or after the commencement of that instrument.