Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 7

7. After section 12 of the Principal Act the following sections are inserted:
Juries outside the Territory

"12A. (1) Subject to this section and the regulations, the laws in force in a
State relating to:

   (a)  the qualification of jurors;

   (b)  the preparation of jury lists and jury panels;

   (c)  the summoning, attendance and empanelling of juries;

   (d)  the number of jurors;

   (e)  the right of challenge;

   (f)  the discharge of juries;

   (g)  the disagreement of jurors;

   (h)  the remuneration of jurors; and

   (j)  other matters concerning jurors (other than matters dealt with under
section 12B) after they have been summoned, appointed or sworn; that apply for
the purposes of the trial of a criminal matter in the Supreme Court of that
State sitting at a place in that State, extend and shall be applied, with such
changes as are necessary, for the purposes of the trial of a criminal matter
in the Supreme Court of the Territory when sitting at that place.

"(2) For the purposes of a trial in the Supreme Court held wholly or partly at
a place in a State, the jury list that would be used for the purposes of a
criminal trial in the Supreme Court of that State sitting in the same place
shall be used as well for the purposes of the trial in the Supreme Court of
the Territory.

"(3) The precept for a jury shall be issued by the Registrar, or such other
person holding an office in relation to the Supreme Court as the Court
directs, and the Sheriff or such other person as the Court directs shall
prepare the jury panels and summon jurors.

"(4) The person who has custody of the jury list referred to in subsection (2)
in the State where the Supreme Court is holding a trial shall:

   (a)  give a copy of that list to the person directed by the Court to
        prepare a jury panel; and

   (b)  indicate on that copy the names of the persons who, to his or her
        knowledge, would not, if summoned at the time the copy is given, be
        liable to serve as jurors under the law in force in that State.

"(5) The Commonwealth shall pay such reasonable fee as may be demanded for a
copy of a list referred to in paragraph (4) (a).

"(6) Any remuneration required to be paid to a person who serves, or is
summoned to serve, on a jury in a trial in the Supreme Court held wholly or
partly in a State shall be paid by the Commonwealth.

"(7) Where a law applied by this Act for the purposes of a trial in the
Supreme Court requires an act or thing to be done by a person specified in
that law, the Court may, if it is necessary to do so for the purpose of the
effective application of the law, order that a person who holds a specified
office in relation to the Court do that act or thing, and the law shall be
deemed to apply to that person accordingly.

"(8) The regulations may provide that such provisions of a law referred to in
subsection (1) as are specified in the regulations do not apply or apply
subject to such modifications as are specified in the regulations.

"(9) In this section, 'jury list' means the roll, list, or book on or in which
the names of persons liable to serve as jurors appear. Offences in relation to
jurors

"12B. (1) A person who is served with a summons to attend as a juror in a
trial in the Supreme Court held wholly or partly in a State shall not, without
reasonable excuse:

   (a)  fail to attend in accordance with the summons; or

   (b)  having so attended, withdraw from the presence of the Court, without
        the permission of the Sheriff, before being discharged or excused by a
        judge of the Court or the Sheriff.
Penalty: $200 or imprisonment for 1 month.

"(2) A person shall not personate, or attempt to personate, a person who is a
juror for the purpose of sitting on a jury.
Penalty: $1,000 or imprisonment for 6 months.

"(3) A person shall not:

   (a)  corrupt, or attempt to corrupt, a juror;

   (b)  except as provided by law, make or promise a payment to a juror, or
        confer or promise to confer any other benefit on a juror in relation
        to the person's service as a juror, other than a payment of the
        ordinary remuneration of the juror's employment; or

   (c)  being a juror, accept such a payment or benefit.
Penalty: Imprisonment for 5 years.

"(4) In this section, 'juror' includes a person whose name is on a jury
panel.".