Attorney-General's Portfolio Miscellaneous Measures Act 2024 (41 of 2024)

Schedule 1   Federal Court criminal jurisdiction

Part 1   Conferral of criminal jurisdiction

Judiciary Act 1903

8   Before Division 1 of Part X

Insert:

Division 1A - Criminal jurisdiction of the Federal Court of Australia

67G Criminal jurisdiction of the Federal Court of Australia

Jurisdiction in relation to related summary offences

(1) If, in proceedings before the Federal Court of Australia (the Federal Court ):

(a) a person pleads guilty to an indictable offence; or

(b) a person is found guilty or not guilty of an indictable offence;

the Federal Court has jurisdiction to hear and determine prosecutions for a related summary offence.

Note: Other laws of the Commonwealth apart from this section also confer criminal jurisdiction on the Federal Court of Australia.

(2) If all charges for an indictable offence against a person before the Federal Court have been discontinued, the Federal Court has jurisdiction to hear and determine prosecutions for a related summary offence.

(3) An offence is a related summary offence , in relation to an indictable offence, if:

(a) the offence is a summary offence against a law of the Commonwealth; and

(b) the offence arises from substantially the same facts and circumstances as those from which the indictable offence has arisen; and

(c) the Federal Court has jurisdiction in relation to the indictable offence.

Jurisdiction in relation to certain Criminal Code indictable offences

(4) Subject to subsection (5), the Federal Court has jurisdiction to hear and determine prosecutions for indictable offences against any of the following provisions of the Criminal Code:

(a) Division 70 of Chapter 4 (about bribery of foreign public officials);

(b) Part 7.7 of Chapter 7 (about forgery and related offences);

(c) Part 9.5 of Chapter 9 (about identity crime);

(d) Part 10.2 of Chapter 10 (about money laundering);

(e) Part 10.7 of Chapter 10 (about computer offences);

(f) Part 10.8 of Chapter 10 (about financial information offences);

(g) Part 10.9 of Chapter 10 (about accounting records).

(5) Proceedings before the Federal Court under subsection (4) may only be instituted:

(a) by the Australian Securities and Investments Commission; or

(b) by a person authorised in writing by the Australian Securities and Investments Commission; or

(c) with the written consent of:

(i) the Minister administering the Australian Securities and Investments Commission Act 2001; or

(ii) a person authorised in writing by that Minister to give such consents.

(6) Nothing in subsection (5) affects the operation of the Director of Public Prosecutions Act 1983.

Relationship with associated matters jurisdiction

(7) Nothing in this section is intended in any way to limit or affect the jurisdiction the Federal Court has under subsection 32(4) of the Federal Court of Australia Act 1976.