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

Schedule 1   Federal Court criminal jurisdiction

Part 1   Conferral of criminal jurisdiction

Australian Securities and Investments Commission Act 2001

3   Before section 243B

Insert:

243A Prosecutions for indictable offences against this Act

(1) Subject to subsection (2), jurisdiction is conferred on the Federal Court to hear and determine prosecutions for indictable offences against this Act.

(2) Subsection (1) does not apply to prosecutions for offences:

(a) against Division 2 of Part 2; or

(b) against Part 3 in its application in relation to an investigation of a contravention of that Division.

Note: For the jurisdiction of the Federal Court in relation to prosecutions for these offences, see section 12HC.

(3) Proceedings before the Federal Court under this section, other than proceedings instituted by:

(a) ASIC; or

(b) a person authorised in writing by ASIC;

must not be instituted except with the consent in writing of the Minister or of a person authorised by the Minister in writing to give such consents.

(4) Nothing in subsection (3) affects the operation of the Director of Public Prosecutions Act 1983.