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

Schedule 1   Federal Court criminal jurisdiction

Part 2   Criminal procedure

Federal Court of Australia Act 1976

16   After Division 1A of Part III

Insert:

Division 1B - Original jurisdiction (related summary offences)

23K Practice and procedure applicable to proceedings for related summary offences

Unless the Court orders otherwise:

(a) the laws of the Commonwealth; and

(b) the laws of the State or Territory applying under subsection 68(1) of the Judiciary Act 1903; and

(c) the Rules of Court;

relating to the practice and procedure to be followed during proceedings for the prosecution of a person for a related summary offence are to be those in force at the time the draft summons for the related summary offence is filed with the Court.

23L Evidence in proceedings for related summary offences

(1) Without affecting the admissibility of any evidence which might be given apart from this subsection, in proceedings for the prosecution of a person for a related summary offence, the Court may admit as evidence in relation to the prosecution:

(a) evidence given during a trial of the person in respect of the indictable offence; or

(b) in the case of a plea of guilty to the indictable offence, evidence given by witnesses and documents tendered in evidence during the committal proceedings for the indictable offence; or

(c) in the case of a discontinuance of prosecution of an indictable offence against the person, evidence given by witnesses and documents tendered in evidence during the committal proceedings for the indictable offence.

(2) On the hearing of a prosecution against a person for a related summary offence, a party may adduce further evidence only with the leave of the Court.