Senate debates

Wednesday, 16 September 2009

Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008

In Committee

6:32 pm

Photo of Ursula StephensUrsula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Hansard source

I thank Senator Brandis for those comments and I concur totally that the problem we have had with this debate on the Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008 is that it is seeking to amend, in a very inappropriate way, the important legislation that relates to cartel behaviour and empowers the Federal Court to exercise the criminal cartel jurisdiction that will be given under the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008.

I do accept that this is an issue of great passion for the Tasmanian senators, and I respect their right to come and argue the case. However, this is not the piece of legislation in which to add such a clumsy amendment—and I say that respectfully. It does not fit here. I remind everyone who is listening and who has participated in this debate that it has long been a principle accepted by both sides of politics that federal courts are self-administering.

Senator Milne asked me some questions about cost savings. They are not questions that I can answer for you. They are questions that you should ask the Federal Court in estimates, and I anticipate that that will be the case. That is where the kind of discussion and information that you are seeking will be best presented. I thank everyone for their contributions to this debate and I commend the bill to the Senate.

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