Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 (106 of 2009)

Schedule 1   Amendments

Part 2   Consequential and other amendments

Crimes Act 1914

25   At the end of Division 6 of Part VIIC

Add:

85ZZL Criminal proceedings before the Federal Court of Australia

(1) The Federal Court of Australia (and an officer of that court) may:

(a) require a person to disclose information to the court, or an officer of the court, about any Commonwealth offence, State offence, Territory offence or foreign offence in relation to which the person has been charged or convicted; and

(b) take into account that information;

for the purposes of indictable primary proceedings, criminal appeal proceedings or matters relating to either such proceedings.

Note: The officers of the Federal Court of Australia are referred to in section 18N of the Federal Court of Australia Act 1976.

(2) Division 3 does not apply in relation to a disclosure of information, or a taking into account of information, under subsection (1).

(3) Subsections (1) and (2) have effect despite section 85ZP and any other Commonwealth law, and any State law, Territory law or foreign law.

(4) For the purposes of references in this section to foreign law or foreign offence , a foreign country is taken to include a region where:

(a) the region is a colony, territory or protectorate of a foreign country; or

(b) the region is part of a foreign country; or

(c) the region is under the protection of a foreign country; or

(d) a foreign country exercises jurisdiction or control over the region; or

(e) a foreign country is responsible for the region’s international relations.

(5) In this section:

criminal appeal proceedings has the same meaning as in the Federal Court of Australia Act 1976.

indictable primary proceedings has the same meaning as in the Federal Court of Australia Act 1976.