Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2009

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

2008-2009

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

FEDERAL COURT OF AUSTRALIA AMENDMENT

(CRIMINAL JURISDICTION) BILL 2008

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

Amendments and New Clauses to be Moved on Behalf of the Government

 

 

 

 

(Circulated by authority of the Attorney-General,

the Hon Robert McClelland MP)

 

 

 

 



AMENDMENTS TO THE FEDERAL COURT OF AUSTRALIA AMENDMENT (CRIMINAL JURISDICTION) BILL 2008

 

OUTLINE

The Bill provides the procedural framework which will allow the Federal Court to exercise the indictable jurisdiction which it will be given in relation to serious cartel offences under the Trade Practices Act 1974.

The purpose of these amendments is to avoid any doubt that the Federal Court will have power to make interlocutory orders in criminal appeal cases of its own motion.

The amendments also remove certain proposed amendments to the civil appeal provisions under the Federal Court of Australia Act 1976.

FINANCIAL IMPACT STATEMENT

The amendments are not expected to have any significant financial impact.



NOTES ON AMENDMENTS

Amendment 1

1.             This item omits proposed subsections 30AE(4) and (5) of the Bill and substitutes new proposed subsections (4), (4A) and (5).

2.             Proposed section 30AE deals with interlocutory orders in criminal appeal cases.  The amendments will remove any doubt that the Court has power to make an interlocutory order of the kind listed in proposed subsection (4) of its own motion or on the basis of an application by one of the parties.

3.             The changes do not otherwise affect the operation of proposed section 30AE.

Amendment 2

4.             This amendment omits items 60 - 63 (lines 6 to 27) of the Bill.  These items would amend section 25 of the Federal Court of Australia Act 1976 , which deals with the Court’s jurisdiction to make interlocutory orders in civil appeal cases.  These items are no longer required in the Bill as they deal with civil appeal matters and that will now be the subject of separate consideration.