About this NPA
The Federal Crime and Related Proceedings NPA is comprised of the following:
- Summary prosecutions
- Prosecutions on indictment
- Criminal appeals
- Bail applications and empaneling juries for Criminal Cartel Trials
- Civil proceedings related to confiscating assets under the Proceeds of Crime Act 2002 (Cth) where the Federal Court is conferred with a criminal jurisdiction.
More about the Court’s criminal and related jurisdiction
The Federal Court has:
- jurisdiction to deal with summary offences against a number of Commonwealth Acts, including the Copyright Act 1968 (Cth), the Fair Work Act 2009 (Cth), the Competition and Consumer Act 2010 (Cth), the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Australian Energy Market Act 2004 (Cth). Summary offences are tried before a Judge sitting alone.
- indictable jurisdiction to deal with the following two offences against the Competition and Consumer Act:
- making a contract containing a cartel provision (section 44ZZRF); and
- giving effect to a cartel provision (section 44ZZRG).
The Court was given jurisdiction for those offences in 2009. An indictable offence is tried before a Judge and jury.
- jurisdiction to deal with criminal appeals by the operation of sections 30AA and 30AD of the Federal Court of Australia Act 1976 (Cth), for offences prosecuted under Commonwealth legislation, including the Competition and Consumer Act, the Copyright Act, the Trademarks Act, the Fair Work Act, the Australian Energy Market Act, the Building and Construction (Improving Productivity) Act, as well as hear appeals from criminal matters from the Norfolk Island Supreme Court.
- jurisdiction to deal with applications involving criminal contempt arising from examinations conducted by federal law enforcement agencies, such as under s34B of the Australian Crime Commission Act 2002 (Cth) and applications under the International Transfer of Prisoners Act 1977 (Cth).
Allocation of matters in this NPA
The Court has judges experienced in managing crime-related cases, including criminal appeals, and judicial registrars experienced in the practice and procedure of criminal prosecutions to assist the judges with the case management of such matters.
While any crime-related case is likely to be managed by the Court within this NPA, the Court will ensure that the judge allocated to manage the case has expertise in the underlying area of law the subject of the proceeding - for example, competition and consumer law or intellectual property law.
- 29 Jan 2019:
Commonwealth Director of Public Prosecutions v Christian  FCAFC 5
CRIMINAL LAW - publication of judgments - appeal from judgment of primary judge substantially refusing an application by the Commonwealth Director of Public Prosecutions for an order that judgments delivered in relation to a bail application and sentence hearing not be "published publically", including on the "open source internet" - source and…
Judge: Besanko, Flick and Robertson JJ
- 19 Dec 2018:
Luppino v Fisher  FCA 2106
CRIMINAL LAW - interlocutory application by the Second Defendant seeking disclosure from the Plaintiff of the password(s) to a mobile phone pending resolution of the Plaintiff's challenge to an order made pursuant to s 3LA of the Crimes Act 1914 (Cth) - consideration of the common law privilege against self-incrimination - the disclosure sought…
Judge: White J
- 29 Oct 2018:
ZX v Commonwealth of Australia  FCA 1617
ADMINISTRATIVE LAW - Australian Crime Commission (ACC) - application for judicial review - whether the ACC Board had the power by an instrument in 2016 to amend a determination made in 2013 - s 33(3) of the Acts Interpretation Act 1901 (Cth) authorises amendment of a determination made pursuant to s 7C of the Australian Crime Commission Act 2002…
Judge: White J
Speeches & Papers
- 24 May 2014:
Competition, fairness and the courts
Presented to the Competition Law Conference by Justice Rares
- 5 Sep 2008:
The current and proposed criminal jurisdiction of the Federal Court
The speech was given by the Hon. Justice Weinberg, former Federal Court Judge, at the Federal Criminal Law Conference in Sydney.
The Federal Crime and Related Proceedings Practice Note (CRIME-1) issued by the Court on 15 May 2017, sets out the arrangements for the management of proceedings in the Federal Crime and Related Proceedings NPA.
Other practice notes which may be relevant to this NPA include:
- Central Practice Note (CPN-1)
- Technology and the Court Practice Note (GPN–TECH)
- Expert Evidence Practice Note (GPN-EXPT)
- Subpoenas and Notices to Produce Practice Note (GPN-SUBP)
- Enforcement, Endorsement and Contempt Practice Note (GPN-ENF)
- Content of Appeal Books and Preparation for Hearing Practice Note (APP 2)
- Lists of Authorities and Citations Practice Note (GPN-AUTH)
Forms & Rules
The Federal Court (Criminal Proceedings) Rules 2016 (Cth) (Criminal Proceedings Rules) commenced on 10 November 2016.
Under the Criminal Proceedings Rules, forms have been approved for use in proceedings in the Federal Crime and Related Proceedings NPA .
Parties and practitioners should also be familiar, where relevant, with:
- the Federal Court Rules 2011 (Cth); and
- the Federal Court and Federal Circuit Court Regulation 2012 (Cth).
- Federal Court of Australia Act 1976 (Cth)
- Competition & Consumer Act 2010 (Cth)
- Crimes Act 1914 (Cth)
- Criminal Code Act 1995 (Cth)
- Copyright Act 1968 (Cth)
- Trademarks Act 1995 (Cth)
- Fair Work Act 2009 (Cth)
- Proceeds of Crime Act 2002 (Cth)
- Australian Security Intelligence Organisation Act 1979 (Cth)
- Building and Construction (Improving Productivity) Act 2016 (Cth)
- Australian Energy Market Act 2004 (Cth)
- International Transfer of Prisoners Act 1997 (Cth)
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