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CHRISTMAS ISLAND ACT 1958 - SECT 12A Juries outside the Territory

CHRISTMAS ISLAND ACT 1958 - SECT 12A

Juries outside the Territory

  (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.