FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AL Disclosing information about a jury
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AL
Disclosing information about a jury(1) A person commits an offence if:
(a) the person is a juror or former juror; and
(b) the person discloses information to another person (the second person ); and
(c) one of the following subparagraphs applies:
(i) the information identifies a person as a juror or former juror;
(ii) the second person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the second person;
(iii) the information relates to the deliberations of the jury.
(2) A person commits an offence if:
(a) the person is a juror or former juror; and
(b) the person discloses information to another person (the second person ); and
(c) one of the following subparagraphs applies:
(i) the information identifies a person as a juror or former juror;
(ii) the second person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the second person;
(iii) the information relates to the deliberations of the jury; and
(d) the first - mentioned person:
(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;
in relation to the disclosure.
Penalty: Imprisonment for 6 months.
(3) Subsections (1) and (2) do not apply if:
(a) the disclosure was to a Judge or officer of the Court because of a suspicion that a juror or former juror is or was biased in relation to the performance of that other juror's, or former juror's, duties as a juror; or
(b) the disclosure was to an investigating official because of a suspicion that a juror or former juror committed:
(ii) another offence against a law of the Commonwealth or a State or Territory;
in relation to the performance of that other juror's, or former juror's, duties as a juror; or
(c) the disclosure was made in accordance with the performance of a function under this Act; or
(d) the disclosure was made in accordance with an authority granted by the Attorney - General for the conduct of a research project into matters relating to juries or jurors; or
(e) the disclosure was made by a former juror to a health professional who is treating the former juror in relation to issues arising out of the former juror's service on the jury.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3)--see subsection 13.3(3) of the Criminal Code .
(4) An expression used in subsection (2) that is also used in Chapter 7 of the Criminal Code has the same meaning in that subsection as it has in that Chapter.
"investigating official" means any of the following:
(b) the Director of Public Prosecutions;
(c) a member of the Australian Federal Police or of the police force or police service of a State or Territory;
(d) a Judge or officer of the Court.