In October 2009, the Commonwealth parliament passed the Federal Court of Australia Amendment (Criminal Jurisdiction) Act. This Act amended the Federal Court of Australia Act 1976 and the Judiciary Act 1903 and provided the procedural framework to allow the Federal Court to exercise criminal jurisdiction.
These amendments were necessary in view of the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 which creates serious cartel offences and gives the Federal Court jurisdiction to try them.
The Law Council commented upon and contributed to the development of the Federal Court of Australia Amendment (Criminal Jurisdiction) Act at various stages of the drafting and parliamentary process.
The Law Council intends to closely monitor the implementation of the Act.