Attorney-General's Portfolio Miscellaneous Measures Act 2024 (41 of 2024)
Schedule 1 Federal Court criminal jurisdiction
Part 2 Criminal procedure
Judiciary Act 1903
23 At the end of Division 1 of Part X
Add:
68D Adjustments to State and Territory laws applying to proceedings for related summary offences before Federal Court of Australia
(1) This section applies if:
(a) an offence referred to in subsection 68(1) is a related summary offence; and
(b) the Federal Court of Australia (the Federal Court ) has jurisdiction to try a person for the offence; and
(c) proceedings commence in the Federal Court in relation to the offence that are:
(i) proceedings for the prosecution of a person for the offence ( primary proceedings ); or
(ii) criminal appeal proceedings (within the meaning of the Federal Court of Australia Act 1976) that relate to primary proceedings; or
(iii) proceedings under section 30CA of that Act that relate to primary proceedings.
Which State's or Territory's laws are to apply?
(2) The laws to be applied under subsection 68(1) in relation to the proceedings are those referred to in the following table.
|
Laws applicable in relation to the proceedings |
||
|---|---|---|
|
Item |
If the proceedings are ... |
the laws to be applied are ... |
|
1 |
primary proceedings (other than proceedings for the sentencing of the person following a trial in the Federal Court) |
the laws of the State or Territory in which the Federal Court hears the proceedings. |
|
2 |
primary proceedings for the sentencing of the person following a trial in the Federal Court |
the laws of the State or Territory applying in relation to the trial at the end of the trial. |
|
3 |
appeal proceedings covered by subparagraph (1)(c)(ii) |
the laws of the State or Territory applying in relation to the corresponding primary proceedings at the end of those primary proceedings. |
|
4 |
proceedings covered by subparagraph (1)(c)(iii) in relation to a case stated, or question reserved, by a court |
the laws of the State or Territory applying in the proceedings during which the court stated the case or reserved the question. |
What those laws include
(3) The laws of that State or Territory are taken:
(a) to include the Rules of the Supreme Court of that State or Territory that apply in relation to criminal proceedings; and
(b) not to include the Rules of any other court of that State or Territory.
How those laws apply
(4) The laws of that State or Territory apply as if any reference in those laws to the Supreme Court of that State or Territory, and any reference to a court that includes a reference to the Supreme Court of that State or Territory, were a reference to the Federal Court.
(5) The laws of that State or Territory apply to the proceedings only to the extent to which they are:
(a) not inconsistent with the laws of the Commonwealth; and
(b) not inconsistent with the Rules of the Federal Court.