House debates

Tuesday, 2 December 2014

Bills

Federal Courts Legislation Amendment Bill 2014; Second Reading

4:43 pm

Photo of Michael KeenanMichael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

The purpose of the Federal Courts Legislation Amendment Bill 2014 is firstly to make minor technical and uncontroversial amendments to improve the operation and clarity of the Federal Court of Australia Act 1976 and the Federal Circuit Court of Australia Act 1999. Secondly, this bill will confer jurisdiction on the Federal Circuit Court of Australia to hear certain Commonwealth tenancy disputes, because this is the most consistent and cost-effective forum to hear these disputes. I note the opposition's support for this bill and I thank them for that.

The amendments to the Federal Court of Australia Act will clarify that appeals cannot be made from minor procedural decisions such as decisions to change or to not change hearing dates. This will reduce unnecessary delays in the court system and ensure a more efficient administration of justice. The amendments will also clarify that police officers and court sheriffs can use reasonable force to enter premises to execute an arrest warrant for persons who are the subject of proceedings for contempt of court or for summary offences. This resolves inherent uncertainty about whether officers can use reasonable force, as there have been occasions when arrest warrants have not been executed because of this uncertainty.

The amendments to the Federal Circuit Court of Australia Act will confer jurisdiction on the Federal Circuit Court of Australia to hear certain Commonwealth tenancy disputes. These amendments are vital in order to provide a consistent and cost-effective forum to hear these disputes. The bill will provide a consistent and cost-effective forum for the resolution of certain Commonwealth disputes. The bill will also improve the operation and clarity of the Federal Court of Australia Act and the Federal Circuit Court of Australia Act, which will assist in streamlining and reducing the complexity associated with navigating the justice system. I, therefore, commend it to the House.

Question agreed to.

Bill read a second time.

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