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 and related 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), the Competition and Consumer Act 2010 (Cth), the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Australian Energy Market Act 2004 (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.
- jurisdiction to deal with criminal appeals by the operation of sections 30AA and 30AD of the Federal Court of Australia Act 1976 (Cth), for offences prosecuted under Commonwealth legislation, including the Competition and Consumer Act, the Copyright Act, the Trademarks Act, the Fair Work Act, the Australian Energy Market Act, the Building and Construction (Improving Productivity) Act, as well as hear appeals from criminal matters from the Norfolk Island Supreme Court.
- jurisdiction to deal with applications involving criminal contempt arising from examinations conducted by federal law enforcement agencies, such as under s34B of the Australian Crime Commission Act 2002 (Cth) and applications under the International Transfer of Prisoners Act 1977 (Cth).
Allocation of matters in this NPA
The Court has judges experienced in managing crime-related cases, including criminal appeals, and judicial 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.
- 15 Jul 2019:
Luppino v Fisher (No 2)  FCA 1100
CRIMINAL LAW - application for judicial review of an ex parte order made by a magistrate under s 3LA of the Crimes Act 1914 (Cth) requiring the Plaintiff to provide a constable with any information or assistance which is reasonable and necessary to allow the constable to access, copy or convert data on a computer or data storage device - whether…
Judge: White J
- 8 Jul 2019:
Jorgensen v Fair Work Ombudsman  FCAFC 113
CONTEMPT OF COURT - appeal from orders made by primary judge on conviction and sentences of imprisonment - where appellant had been found guilty of contempt of freezing orders - where appellant third party to freezing orders - where appeal allowed in part - declarations set aside - matter remitted to the Federal Circuit Court of Australia for…
Judge: Greenwood, Reeves and Wigney JJ
- 21 Jun 2019:
Anderson v GPY18  FCA 954
CONTEMPT OF COURT - sentencing - contempt of the Australian Criminal Intelligence Commission - contempt punishable as contempt of Federal Court - respondent in contempt by refusing to take oath or make affirmation in examination - where respondent pleaded guilty - where respondent facing lengthy term of imprisonment for other offences - fixed term …
Judge: Banks-smith J
The Federal Crime and Related Proceedings Practice Note (CRIME-1) issued by the Court on 15 May 2017, sets out the arrangements for the management of proceedings in the Federal Crime and Related Proceedings NPA.
Other practice notes which may be relevant to this NPA include:
- Central Practice Note (CPN-1)
- Technology and the Court Practice Note (GPN–TECH)
- Expert Evidence Practice Note (GPN-EXPT)
- Subpoenas and Notices to Produce Practice Note (GPN-SUBP)
- Enforcement, Endorsement and Contempt Practice Note (GPN-ENF)
- Content of Appeal Books and Preparation for Hearing Practice Note (APP 2)
- Lists of Authorities and Citations Practice Note (GPN-AUTH)
Forms & Rules
The Federal Court (Criminal Proceedings) Rules 2016 (Cth) (Criminal Proceedings Rules) commenced on 10 November 2016.
Under the Criminal Proceedings Rules, forms have been approved for use in proceedings in the Federal Crime and Related Proceedings NPA .
Parties and practitioners should also be familiar, where relevant, with:
- the Federal Court Rules 2011 (Cth); and
- the Federal Court and Federal Circuit Court Regulation 2012 (Cth).
- Federal Court of Australia Act 1976 (Cth)
- Competition & Consumer Act 2010 (Cth)
- Crimes Act 1914 (Cth)
- Criminal Code Act 1995 (Cth)
- Copyright Act 1968 (Cth)
- Trademarks Act 1995 (Cth)
- Fair Work Act 2009 (Cth)
- Proceeds of Crime Act 2002 (Cth)
- Australian Security Intelligence Organisation Act 1979 (Cth)
- Building and Construction (Improving Productivity) Act 2016 (Cth)
- Australian Energy Market Act 2004 (Cth)
- International Transfer of Prisoners Act 1997 (Cth)
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