Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I move:

That the amendments be agreed to.

The Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008 provides the procedural framework to allow the Federal Court to hear jury trials for its new jurisdiction in relation to serious cartel offences under the Trade Practices Act 1974. The bill will ensure that the Federal Court is fully equipped with a robust and fair procedural framework to hear jury trials for serious cartel conduct. These government amendments to schedule 1 of the bill are to respond to the recommendations of the Senate Standing Committee on Legal and Constitutional Affairs following its inquiry into the bill and to address some other issues that came to notice when the bill was reviewed following the committee’s report.

The amendments proposed to the bill will do the following. They will clarify that the accused must give notice of a proposed defence of alibi or mental impairment, even if there is no court order for disclosure. They will make it clear that the accused is only required to give a general indication of their reasons for disputing the prosecution case against them and is not required to disclose details of a proposed defence. They will clarify that there is no general removal of legal professional privilege but that such privilege is temporarily overridden in limited circumstances at the pre-trial stage. They will clarify the consequences of non-compliance with disclosure requirements. They will clarify the process of preparation of jury roles and lists by the court. They will clarify the test for a further application for bail and they will make it clear that there is a presumption in favour of bail in relation to a serious cartel offence. They will clarify that the prosecution does not have power to give the court directions.

In conclusion, the proposed amendments represent a balanced approach to the recommendations of the Senate committee in order to support efficient and fair criminal trials for serious cartel conduct in the Federal Court, without reducing the effective operation of the bill. I commend the Senate committee on their work on the bill.

Question agreed to.

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