Commonwealth of Australia Explanatory Memoranda

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FEDERAL COURT OF AUSTRALIA AMENDMENT (CRIMINAL JURISDICTION) BILL 2008

                                  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.