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.
- 3 Apr 2019:
CXXXVIII v Commonwealth of Australia  FCAFC 54
ADMINISTRATIVE LAW - summons and notice to produce issued under the Australian Crime Commission Act 2002 (Cth) - whether summons and notice to produce supported by a valid determination made in the exercise of the functions of the Board - power to authorise investigation into matters relating to federally relevant criminal activity - meaning of…
Judge: Logan, Bromwich and Charlesworth JJ
- 22 Feb 2019:
McCartney v EB (No 2)  FCA 184
CRIMINAL LAW - control orders - application for confirmation of control order pursuant to s 104.14 of the Criminal Code Act 1995 (Cth) - where AFP met preconditions for confirmation of control order - where control order appropriate in circumstances - whether the obligations, prohibitions and restrictions contained in the control orders were on…
Judge: Wigney J
- 30 Jan 2019:
McCartney v EB  FCA 183
CRIMINAL LAW - control orders - application for interim control orders pursuant to s 104.4 of the Criminal Code Act 1995 (Cth) - whether person has been convicted in Australia of an offence relating to terrorism, a terrorist organisation or a terrorist act - whether person has provided support for or otherwise facilitated the engagement in a…
Judge: Wigney J
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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