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 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.
- 8 May 2015:
Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2002 v ZZ (No 2)  FCA 450
SENTENCING - contempt of the Australian Crime Commission punishable as contempt of Federal Court - where examination of contemnor concerned matters relating to national and international security - where contemnor found guilty of contempt for giving evidence to examiner that he knew to be false in a material particular - where contemnor fails to… 234 FCR 251
Judge: Rares J
- 17 Dec 2014:
Ly v The Queen  FCAFC 175
COPYRIGHT - offence under s 132AJ(1) of the Copyright Act 1968 (Cth) – possession of infringing DVDs with the intention of selling – penalty imposed. TRADE MARK – offence under s 148(1) of the Trade Marks Act 1995 (Cth) – exposure of goods for sale without the permission of the registered owner of the trade marks applied – penalty imposed.… 110 IPR 1; 227 FCR 304
Judge: Kenny, Bennett and Wigney JJ
A practice note in this NPA is expected to be issued shortly.
Form & Rules
The Federal Court (Criminal Proceedings) Rules 2016 (Cth) commenced on 10 November 2016. This is the final version of the Rules, which now replaces the Interim Rules which were previously promulgated. The Interim Rules and interim forms will continue to apply for 6 months on a transitional basis for prosecutions commenced before 10 November 2016.
New forms have since been approved by the Chief Justice and the Judges of the Court for use by the legal profession when representing parties in criminal cartel proceedings heard in the Federal Court.
- 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)
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.
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