Federal Crime and Related Proceedings NPA logo with link NPA logo with link

About this NPA


The Federal Crime and Related Proceedings NPA is comprised of the following:

  • Summary prosecutions
  • Prosecutions on indictment
  • Criminal appeals
  • Bail applications and empaneling juries for Criminal Cartel Trials
  • Civil proceedings related to confiscating assets under the Proceeds of Crime Act 2002 (Cth) where the Federal Court is conferred with a criminal jurisdiction.

More about the Court’s criminal jurisdiction

The Federal Court has:

  • jurisdiction to deal with summary offences against a number of Commonwealth Acts, including the Copyright Act 1968 (Cth), the Fair Work Act 2009 (Cth), and the Competition and Consumer Act 2010 (Cth). Summary offences are tried before a Judge sitting alone
  • indictable jurisdiction to deal with the following two offences against the Competition and Consumer Act:
    • making a contract containing a cartel provision (section 44ZZRF); and
    • giving effect to a cartel provision (section 44ZZRG).

      The Court was given jurisdiction for those offences in 2009. An indictable offence is tried before a Judge and jury

Allocation of matters in this NPA

The Court has judges experienced in managing crime-related cases, including criminal appeals, and registrars experienced in the practice and procedure of criminal prosecutions to assist the judges with the case management of such matters.

While any crime-related case is likely to be managed by the Court within this NPA, the Court will ensure that the judge allocated to manage the case has expertise in the underlying area of law the subject of the proceeding - for example, competition and consumer law or intellectual property law.

Judgments


  • 8 May 2015: Sage, an examiner appointed under s 46B of the Australian Crime Commission Act 2002 v ZZ (No 2) [2015] FCA 450
    SENTENCING - contempt of the Australian Crime Commission punishable as contempt of Federal Court - where examination of contemnor concerned matters relating to national and international security - where contemnor found guilty of contempt for giving evidence to examiner that he knew to be false in a material particular - where contemnor fails to… 234 FCR 251
    Judge: Rares J
  • 17 Dec 2014: Ly v The Queen [2014] FCAFC 175
    COPYRIGHT - offence under s 132AJ(1) of the Copyright Act 1968 (Cth) – possession of infringing DVDs with the intention of selling – penalty imposed. TRADE MARK – offence under s 148(1) of the Trade Marks Act 1995 (Cth) – exposure of goods for sale without the permission of the registered owner of the trade marks applied – penalty imposed.… 110 IPR 1; 227 FCR 304
    Judge: Kenny, Bennett and Wigney JJ

Practice Notes


A practice note in this NPA will be issued following the finalisation of the Federal Court (Criminal Proceedings) Rules.

Form & Rules


In November 2016, the Court issued the Federal Court (Criminal Proceedings) Rules 2016 (Cth).

Under these Rules, there are approved forms to be used for proceedings in this NPA that will be published on the Court's website.

Speeches & Papers


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