House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)

Schedule 2 - Amendment of Acts Interpretation Act 1901

Item 1

This item amends section 16C, to ensure that a Federal Magistrate is not included in the term Magistrate when referred to in an Act. State and Territory Magistrates are given powers under numerous Acts to perform various functions. Federal Magistrates will have power to perform only those functions which are expressly conferred on them by statute.

Item 2

This item amends paragraph 26(d), to ensure that the Federal Magistrates Court is excluded from the definition of court of summary jurisdiction.