FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AG Bribery of jurors or potential jurors

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AG

Giving a bribe

  (1)   A person commits an offence if:

  (a)   the person dishonestly:

  (i)   provides a benefit to another person; or

  (ii)   causes a benefit to be provided to another person; or

  (iii)   offers to provide, or promises to provide, a benefit to another person; or

  (iv)   causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

  (b)   the person does so with the intent of influencing:

  (i)   a juror (who may or may not be the other person) in the exercise of the juror's duties as a juror; or

  (ii)   a potential juror (who may or may not be the other person) in the exercise of the potential juror's duties as a potential juror.

Penalty:   Imprisonment for 10 years.

Receiving a bribe

  (2)   A person commits an offence if:

  (a)   the person is a juror or potential juror; and

  (b)   the person dishonestly:

  (i)   asks for a benefit for himself, herself or another person; or

  (ii)   receives or obtains a benefit for himself, herself or another person; or

  (iii)   agrees to receive or obtain a benefit for himself, herself or another person; and

  (c)   the person does so with the intent:

  (i)   that the exercise of the person's duties as a juror or potential juror will be influenced; or

  (ii)   of inducing, fostering or sustaining a belief that the exercise of the person's duties as a juror or potential juror will be influenced.

Penalty:   Imprisonment for 10 years.

Determination of dishonesty to be a matter for the trier of fact

  (3)   In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

Expressions have Criminal Code meaning

  (4)   An expression used in this section that is also used in Chapter   7 of the Criminal Code has the same meaning in this section as it has in that Chapter.