Part 3Jury districts and jury
rolls
9Jury
districts
(1)
There shall be a jury district for each place
appointed for sittings of the Supreme Court or the District Court for the
trial of any criminal or civil proceedings.
(2)
A jury district is to comprise such electoral
districts or parts of electoral districts as may be determined and notified by
the sheriff from time to time in accordance with the
regulations.
(3)
The regulations may make provision for or with
respect to the determination and notification of jury
districts.
s 9: Am 1993 No 46,
Sch 1.
10Sheriff to maintain jury
rolls
The sheriff must maintain a jury roll for each
jury district in accordance with this Part.
s 10: Subst 1996 No
4, Sch 1 [6].
11Electoral Commissioner to
deliver copies of electoral rolls to sheriff
(1)
The Electoral Commissioner shall, upon request
made by the sheriff, deliver to the sheriff the latest available copies of the
rolls of electors for such electoral districts as the sheriff may require for
the purpose of preparing jury rolls.
(2)
Such a request is to be made at least once every
15 months for each jury district.
s 11: Am 1993 No 46,
Sch 1; 1996 No 4, Sch 1 [7].
12Random selection of
prospective jurors
(1)
At intervals of not more than 12 months, the
sheriff is to select a number of persons at random from the entries in the
latest copies of rolls of electors supplied to the sheriff that relate to each
jury district. Persons who are for the time being on the jury roll for the
district are excluded from selection.
(2)
The number of persons selected must be estimated
by the sheriff as sufficient to provide, in accordance with the scheme for
selection of jurors provided by this Part, the number of persons required to
serve from time to time as jurors in the jury district.
(3)
The estimate is to allow for persons who are not
qualified or are ineligible to serve as jurors and for persons who will duly
claim exemption from jury service.
(4)
The particulars of persons who have been selected
under this section pursuant to the same estimate comprise a supplementary jury
roll for the district in which those persons reside until particulars on the
supplementary roll are added to the jury roll for the
district.
(5)
A computer may be used to make a selection under
this section.
s 12: Am 1993 No 46,
Sch 1. Subst 1996 No 4, Sch 1 [8].
13Persons included on
supplementary jury roll to be notified
(1)
The sheriff must send to each person whose name
is included on a supplementary jury roll for a district, and who appears to
the sheriff to be qualified and eligible to serve as a juror, a notice:
(a)
informing the person that it is proposed to
include the person on the jury roll, and
(b)
describing the classes of persons who are
disqualified or ineligible to serve as jurors and who are entitled as of right
to be exempted from serving as jurors, and
(c)
containing a questionnaire that is required to be
completed by the person if:
(i)
the person is disqualified or ineligible or
claims exemption, or
(ii)
the particulars of the person appearing on the
questionnaire have changed, or
(iii)
the person is otherwise required by the sheriff
in the notice to complete the questionnaire, and
(d)
requiring the person, if required to complete the
questionnaire, to complete it and return it to the sheriff, within the time
specified in the notice.
(2)
The sheriff may require the answers given to a
questionnaire or any other information provided to the sheriff, for the
purpose of determining whether or not a person is disqualified or ineligible
to serve as a juror, or is to be exempted from serving as a juror, to be
verified by statutory declaration.
(3)
Proceedings may be taken for an offence against
this Act or the Oaths Act 1900 for
providing false or misleading information to the sheriff that is required to
be verified by statutory declaration. However, a person is not liable to be
convicted of an offence under both Acts in relation to the provision of the
same information.
s 13: Subst 1996 No
4, Sch 1 [8]. Am 1999 No 39, Sch 3 [1]; 2004 No 68, Sch 8
[1].
14Sheriff to delete persons
disqualified, ineligible or exempt from supplementary jury
roll
(1)
The sheriff shall delete from a supplementary
jury roll those persons whom the sheriff determines:
(a)
are disqualified from serving as jurors or
ineligible to serve as jurors, or
(b)
are entitled as of right to be exempted from
serving as jurors and who have duly claimed
exemption.
(2)
Where a person informs the sheriff of any
disqualification or ineligibility or any claim for exemption pursuant to
section 13 and the sheriff determines not to delete that person from the
supplementary jury roll, the sheriff shall forthwith notify that person in
writing of the sheriff’s determination and of that person’s right
to appeal to a Local Court against the determination.
s 14: Am 1987 No 286,
Sch 2 (3); 1996 No 4, Sch 1 [9].
15Appeal against being included
on jury roll or being summoned from supplementary jury
roll
(1)
A person aggrieved by a determination of the
sheriff notified to the person under section 14 (2) or 18 (4) may appeal to a
Local Court by lodging a notice of appeal with the registrar of that court
within 21 days of being so notified, except as provided by subsection
(2).
(2)
If the person is summoned to attend for jury
service on a day occurring before those 21 days have expired and before the
notice of appeal is lodged, the appeal is instead to be made (as specified in
a notice attached to the summons) to the judge or coroner having the conduct
of the trial or coronial inquest concerned or to such other judge or coroner,
or to such associate Judge, magistrate or registrar of a court, as may be
specified in the notice.
(3)
The court or person to whom an appeal is made
under this section must hear and determine the appeal and must:
(a)
if satisfied that the person who made the
appeal:
(i)
is not qualified or is ineligible to serve as a
juror, or
(ii)
is entitled as of right to be exempted from
serving as a juror and has duly claimed exemption,
allow the appeal and order the sheriff to delete that
person from the jury roll or supplementary jury roll, or
(b)
if satisfied that the person, having been
summoned for jury service, has good cause to be excused from attending at the
relevant court or inquest—excuse the person from attendance,
or
(c)
in any other case—disallow the
appeal.
(4)
A decision under this section is final and
conclusive and is to be given effect by the sheriff.
(5)
A person who has lodged an appeal under this
section which has not been heard and determined is taken, for the purposes of
section 38, to have good cause to be excused from attending at a court or
coronial inquest in accordance with a summons.
s 15: Am 1987 No 286,
Sch 2 (4) (am 1988 No 20, Sch 20). Subst 1996 No 4, Sch 1 [10]. Am 2001 No
121, Sch 2.131 [1] [2]; 2005 No 31, Sch 6 [1].
15APeriodic updating of jury
roll
(1)
The sheriff must supplement the jury roll for a
jury district by adding to the roll particulars of each person who has been
included on a supplementary jury roll for the district and who is not deleted
from the supplementary roll by the sheriff under section 14 or pursuant to an
order of a court or person under section 15.
(2)
The sheriff must cull from the jury roll for the
time being in force for a district particulars of each person who has been
included on the roll for 15 months (or such other period, not exceeding 2
years, as may be fixed by the regulations).
s 15A: Ins 1996 No 4,
Sch 1 [10].
16Current jury roll to be
certified by sheriff
(1)
The sheriff must, immediately after supplementing
or culling names from the jury roll for a district in accordance with section
15A, certify a list of persons as the jury roll in force for the time being
for the jury district.
(2)
A jury roll may be certified by the sheriff under
this section even though an appeal lodged under section 15 by a person on the
roll has not been determined. However, the sheriff must amend the roll as soon
as is practicable if the appeal is determined so as to require removal of the
person from the roll.
(3)
The particulars on a jury roll relating to any
person shall be the particulars relating to that person appearing on the copy
of the roll of electors for the electoral district from which that person was
selected under section 12.
(4)
The jury roll certified under this section for a
jury district remains in force until a new jury roll for the district is
certified, even if there is an alteration in the boundaries of the jury
district before the new jury roll is certified.
s 16: Am 1993 No 46,
Sch 1; 1996 No 4, Sch 1 [11].
17Records of jury rolls and
supplementary jury rolls
(1)
The sheriff must keep among the records of the
sheriff’s office the jury roll last certified for each jury district and
any supplementary jury roll being used to revise a jury
roll.
(2)
The sheriff must produce such a roll or
supplementary roll (or a certified copy of it) in any court or at any coronial
inquest if required to do so or forward a certified copy of the roll or
supplementary roll to an officer of a court if it is required for production
in that court or at that inquest.
s 17: Subst 1996 No
4, Sch 1 [12].
18Sheriff may amend jury
roll
(1)
The sheriff may amend a jury roll:
(a)
by deleting therefrom a person:
(i)
whom the sheriff determines is no longer
qualified or liable to serve as a juror, or
(ii)
whom the sheriff determines is entitled as of
right to be exempted from serving as a juror and has duly claimed exemption
under subsection (3), or
(iii)
who is dead or who no longer resides in the jury
district to which the roll relates, or
(iv)
(b)
(c)
to correct the particulars relating to any person
on the roll.
(2)
(3)
A person who is entitled as of right to be
exempted from serving as a juror but who did not claim exemption pursuant to
section 13 because the person was not so entitled at that time or for any
other good cause may claim exemption by informing the sheriff of that claim
and the grounds on which it is made and shall, if required to do so by the
sheriff, verify that claim by statutory declaration.
(4)
Where a person on a jury roll informs the sheriff
of any disqualification from serving as a juror or ineligibility to serve as a
juror or any claim for exemption pursuant to subsection (3) and the sheriff
determines not to delete that person from the jury roll, the sheriff shall
forthwith notify that person in writing of the sheriff’s determination
and of that person’s right to appeal to a Local Court against the
determination.
(5), (6)
s 18: Am 1987 No 286,
Schs 1 (1), 2 (5); 1988 No 131, Sch 12 (1); 1996 No 4, Sch 2 [1]
[2].
18ASheriff may excuse persons
from jury service before being summoned
(1)
The sheriff may, at any time before a person on a
jury roll or supplementary jury roll is required by summons to attend for jury
service, excuse the person from attending for jury service if the person shows
good cause to be excused from attending for jury service because of any matter
of special importance or any matter of special urgency.
(2)
A person may be excused under this section for
the whole or any part of the period during which the person may be summoned to
attend for jury service because of the person being included on a jury
roll.
(3)
A person does not have good cause to be excused
under this section on the ground that the person is entitled as of right to be
exempted from serving as a juror if the person was entitled, but without
reasonable excuse failed, to claim an exemption under section
13.
(4)
The sheriff may require a person to verify a
request to be excused under this section by statutory
declaration.
(5)
If the sheriff excuses a person from attending
for jury service for any period under this section, the sheriff is to make a
record of that fact.
s 18A: Ins 1999 No
39, Sch 3 [2].
Part 9Offences
60Definition
(1)
A reference in this Part to a person who fails to
attend for jury service is a reference to a person who:
(a)
is duly summoned to attend at a court or coronial
inquest,
(b)
fails to attend on the first or on any subsequent
day on which the person’s attendance is required,
and
(c)
is not duly excused from that
attendance.
(2)
Where the sheriff notifies a person of an
alteration in the time or place at which the person is required by a summons
to attend for jury service, the person does not fail to attend for jury
service for the purposes of this Part if the person attends at the altered
time or place as so notified to the person.
s 60: Am 1981 No 34,
Sch 1 (4); 1996 No 4, Sch 1 [23].
61Offences relating to
responding to questionnaire
(1)
A person who is sent a notice under section 13
about the person’s inclusion on a supplementary jury roll and who is
required to return to the sheriff the questionnaire included in the notice
must not, except with good cause, fail to do so within the time specified in
the notice.
(2)
The person must not, except with good cause,
return such a questionnaire to the sheriff without complete answers to all of
the questions in it.
(3)
The person must not return such a questionnaire
to the sheriff if it contains any answer or other information that the person
knows to be false or misleading in a material respect.
Maximum penalty: 10 penalty
units.
s 61: Am 1987 No 286,
Sch 1 (14). Subst 1996 No 4, Sch 1 [24]. Am 1999 No 39, Sch 3
[7].
62Supply of false or misleading
information to sheriff
(1)
A person must not provide any information to the
sheriff that the person knows to be false or misleading in a material
respect:
(a)
when claiming to be disqualified from serving as
a juror or to be ineligible to serve as a juror or to be entitled as of right
to be exempted from serving as a juror, or
(b)
when claiming otherwise that the person is not or
will not be available for jury service.
(2)
A person must not cause or permit any
representation the person knows to be false or misleading in a material
respect to be made to the sheriff on the person’s behalf, or on behalf
of another person, for the purpose of evading jury
service.
Maximum penalty: 10 penalty
units.
s 62: Am 1987 No 286,
Sch 1 (15). Subst 1996 No 4, Sch 1 [24].
62AFailure to inform sheriff of
disqualification or ineligibility
A person summoned to attend at a court or
coronial inquest who knows that he or she is disqualified from serving as a
juror or ineligible to serve as a juror must, before the day on which the
person’s attendance is required, inform the sheriff of that fact and the
reason for the disqualification or ineligibility.
Maximum penalty: 10 penalty
units.
s 62A: Ins 1996 No 4,
Sch 1 [24].
63Failure to attend for jury
service
(1)
Subject to sections 64 and 66, a person who fails
to attend for jury service contravenes this section and is liable to a penalty
not exceeding 20 penalty units.
(2)
In any proceedings for an offence under this
section, a document purporting to be signed by the sheriff and to
certify:
(a)
that a specified person is recorded as having
failed to attend for jury service, or
(b)
that a specified person has declined to be dealt
with under section 64,
is evidence of the matter so
certified.
(3)
It is a defence to a prosecution for an offence
under this section if the person prosecuted proves that the person had a
reasonable excuse for his or her failure to attend for jury
service.
s 63: Am 1987 No 286,
Sch 1 (16); 1988 No 20, Sch 7 (1); 1990 No 108, Sch 1; 1996 No 4, Sch 2 [6];
1999 No 39, Sch 3 [8] [9].
64Procedure where failure to
attend for jury service
(1)
If a person fails to attend for jury service at a
court or coronial inquest, a record of that fact is to be made on the relevant
panel by order of the court, of the coroner holding the inquest or of any
court in which trials for which the panel was prepared are
held.
(2)
The sheriff shall serve, on a person who is
recorded under subsection (1) as having failed to attend for jury service, a
notice to the effect that, if the person does not desire to have the matter
referred to a court, the person:
(a)
pay to an officer specified in the notice at a
place and within a time specified in the notice an amount of penalty equal to
10 penalty units for that failure if dealt with under this section,
or
(b)
show cause to the sheriff within the time
specified in the notice why a penalty should not be imposed for that
failure.
(3)
The sheriff may require a person who shows cause
under subsection (2) (b) to verify the person’s statements by statutory
declaration.
(4)
If the sheriff determines that a person has not
shown reasonable cause under subsection (2) (b) for the person’s failure
to attend for jury service, the sheriff shall inform that person accordingly
and specify a further period of time within which the person may pay the
amount of penalty referred to in subsection (2) (a).
(5)
A person served with a notice under subsection
(2):
(a)
has the right to decline to be dealt with under
this section, and
(b)
shall be deemed to have declined to be so dealt
with if the person does not show reasonable cause under subsection (2) (b) for
the person’s failure to attend for jury service within the time
specified in the notice and if the person fails to pay the relevant amount of
penalty within the time specified in the notice or within such further time as
may, under subsection (4) or in any particular case, be allowed by the
sheriff.
(6)
Where the relevant amount of penalty is paid
pursuant to subsection (2) (a), no person shall be liable for any further
proceedings for that failure to attend for jury service.
s 64: Am 1981 No 34,
Sch 1 (5); 1987 No 286, Sch 1 (17); 1996 No 4, Sch 1 [25]; 1999 No 39, Sch 3
[10]–[12].
65
s 65: Am 1981 No 34,
Sch 1 (6); 1987 No 286, Sch 2 (6). Rep 1988 No 20, Sch 7 (2).
66Penalty notices for failure to
attend jury service
(1)
If it appears to the sheriff or a person
prescribed by the regulations that a person has contravened section 61, or has
declined to be dealt with under section 64 in respect of a failure to attend
for jury service, the sheriff or prescribed person may serve a penalty notice
on the person.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the alleged contravention of
section 61 or 63 dealt with by a court, the person may pay, within the time
and to the person specified in the notice, the penalty of:
(a)
in the case of an alleged contravention of
section 61—5 penalty units, or
(b)
in the case of an alleged contravention of
section 63—15 penalty units.
(3)
If the relevant penalty for the alleged offence
is paid in accordance with this section, no person is liable to any further
proceedings for the alleged offence.
(4)
Payment in accordance with this section is not to
be regarded as an admission of liability for the purposes of, nor is in any
way to affect or prejudice, any civil claim, action or proceeding arising out
of the same occurrence.
(5)
(6)
This section does not limit the operation of this
or any other Act in relation to proceedings that may be taken in respect of
offences.
s 66: Am 1981 No 34,
Sch 1 (7); 1987 No 286, Sch 2 (7); 1988 No 20, Sch 7 (3). Subst 1996 No 4, Sch
2 [7]. Am 1999 No 39, Sch 3 [13]–[15].
67Personation of
jurors
Any person who personates a juror is guilty of an
offence.
Penalty: 50 penalty units.
s 67: Subst 1990 No
51, Sch 2.
67AInspection of
panel
(1)
A person must not inspect, or make available to
any other person, a panel or card prepared for the purposes of this Act by the
sheriff.
Maximum penalty: 10 penalty
units.
(2)
This section does not apply to anything inspected
or made available to another person:
(a)
for the purposes of executing this
Act.
(b), (c)
s 67A: Ins 1987 No
286, Sch 1 (18). Am 1996 No 4, Sch 1 [26]; 1997 No 15, Sch 1
[16].
68Disclosure etc of identity or
address of juror
(1)
A person shall not, except in accordance with
this Act, wilfully publish any material, broadcast any matter or otherwise
disclose any information which is likely to lead to the identification of a
juror or former juror in a particular trial or inquest.
Penalty: In the case of a corporation, $250,000;
in any other case, 2 years imprisonment or 50 penalty units (or
both).
(2)
Subsection (1) does not apply to the
identification of a former juror with the consent of the former
juror.
(3)
A reference in this section to the identification
of a juror or former juror includes a reference to the disclosure of the
address of the juror or former juror.
(4)
Subsection (1) does not apply to the disclosure
of information by the sheriff to any of the following bodies or persons for
the purposes of an investigation or prosecution of a contempt of court or an
offence relating to a juror or a jury:
(a)
a court,
(b)
the New South Wales Crime
Commission,
(c)
the Independent Commission Against
Corruption,
(d)
the Police Integrity
Commission,
(e)
the Australian Crime
Commission,
(f)
the Director of Public
Prosecutions,
(g)
the Police Service,
(h)
the Australian Federal
Police.
(5)
Subsection (1) does not apply to the disclosure
of information by the sheriff to a person in accordance with an authority
granted by the Attorney General for the conduct of a research project into
matters relating to juries or jurors.
(6)
In this section:
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
s 68: Subst 1987 No
286, Sch 1 (19). Am 2001 No 85, Sch 4 [1]; 2003 No 13, Sch 1.15 [1]; 2003 No
71, Sch 5 [2].
68ASoliciting information from or
harassing jurors or former jurors
(1)
A person must not solicit information from, or
harass, a juror or former juror for the purpose of obtaining information
about:
(a)
the deliberations of a jury,
or
(b)
how a juror, or the jury, formed any opinion or
conclusion in relation to an issue arising in a trial or coronial
inquest.
Maximum penalty on indictment: imprisonment for 7
years.
(2)
The deliberations of a jury include statements
made, opinions expressed, arguments advanced or votes cast by members of the
jury in the course of their deliberations.
(3)
Subsection (1) does not prohibit a person from
soliciting information from a juror or former juror in accordance with an
authority granted by the Attorney General for the conduct of a research
project into matters relating to juries or jury service.
(4)
Subsection (1) does not prohibit any of the
following bodies or persons from soliciting information from a juror or former
juror for the purposes of an investigation or prosecution of a contempt of
court or an offence relating to a juror or a jury:
(a)
a court,
(b)
the New South Wales Crime
Commission,
(c)
the Independent Commission Against
Corruption,
(d)
the Police Integrity
Commission,
(e)
the Australian Crime
Commission,
(f)
the Director of Public
Prosecutions,
(g)
the Police Service,
(h)
the Australian Federal
Police.
(4A)
Subsection (1) does not prohibit a juror from
soliciting information from another member of the jury during a trial or
coronial inquest.
(5)
In this section:
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
s 68A: Ins 1987 No
286, Sch 1 (20). Am 1997 No 15, Sch 1 [17] [18]; 2001 No 85, Sch 4 [2]; 2003
No 13, Sch 1.15 [2]; 2004 No 102, Sch 1 [2] [3].
68BDisclosure of information by
jurors etc
(1)
A juror must not, except with the consent of or
at the request of the judge or coroner, wilfully disclose to any person during
the trial or coronial inquest information about:
(a)
the deliberations of the jury,
or
(b)
how a juror, or the jury, formed any opinion or
conclusion in relation to an issue arising in the trial or coronial
inquest.
Maximum penalty: 20 penalty
units.
(2)
A person (including a juror or former juror) must
not, for a fee, gain or reward, disclose or offer to disclose to any person
information about:
(a)
the deliberations of a jury,
or
(b)
how a juror, or a jury, formed any opinion or
conclusion in relation to an issue arising in a trial or coronial
inquest.
Maximum penalty: 50 penalty
units.
(3)
The deliberations of a jury include statements
made, opinions expressed, arguments advanced or votes cast by members of the
jury in the course of their deliberations.
(4)
Subsection (1) does not prohibit a juror from
disclosing information to another member of the jury during a trial or
coronial inquest.
s 68B: Ins 1987 No
286, Sch 1 (20). Am 2004 No 102, Sch 1 [4] [5].
68CInquiries by juror about trial
matters prohibited
(1)
A juror for the trial of any criminal proceedings
must not make an inquiry for the purpose of obtaining information about the
accused, or any matters relevant to the trial, except in the proper exercise
of his or her functions as a juror.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
(2)
This section applies in respect of a juror from
the time the juror is sworn in as a juror and until the juror, or the jury of
which the juror is a member, is discharged by the court having conduct of the
proceedings.
(3)
This section does not prohibit a juror:
(a)
from making an inquiry of the court, or of
another member of the jury, in the proper exercise of his or her functions as
a juror, or
(b)
from making an inquiry authorised by the
court.
(4)
Anything done by a juror in contravention of a
direction given to the jury by the judge in the criminal proceedings is not a
proper exercise by the juror of his or her functions as a
juror.
(5)
For the purpose of this section, making an inquiry includes the
following:
(a)
asking a question of any
person,
(b)
conducting any research, for example, by
searching an electronic database for information (such as by using the
Internet),
(c)
viewing or inspecting any place or
object,
(d)
conducting an experiment,
(e)
causing someone else to make an
inquiry.
s 68C: Ins 2004 No
102, Sch 1 [6].
69Unlawful dismissal of or
prejudice to employees summoned for jury service
(1)
An employer shall not dismiss a person in his or
her employment or injure the person in his or her employment or alter his or
her position to his or her prejudice by reason of the fact that the person is
summoned to serve as a juror.
Penalty: 20 penalty units.
(2)
In proceedings for an offence under subsection
(1), if all the facts constituting the offence other than the reason for the
defendant’s action are proved, the onus of proving that the dismissal,
injury or alteration was not actuated by the reason alleged in the charge
shall lie on the defendant.
(3)
Where an employer is convicted by a court of an
offence under subsection (1), the court may order:
(a)
the employer to pay the employee a specified sum
by way of reimbursement for the salary or wages lost by the employee,
and
(b)
that the employee be reinstated in his or her old
or a similar position.
(4)
An order under subsection (3) (a) shall operate
as an order against the employer for the payment of money under the Local Courts (Civil Claims) Act 1970 and
shall be enforceable as such an order under that Act.
(5)
An employer shall give effect to an order of the
court under subsection (3) (b).
Penalty: 20 penalty units.
(6)
The amount of salary or wages that would have
been payable to an employee in respect of any period that his or her employer
fails to give effect to an order under subsection (3) (b) shall be
recoverable, as a debt due to the employee by the employer, in any court of
competent jurisdiction.
(7)
An employer shall not threaten a person employed
by the employer with:
(a)
dismissal, or
(b)
injury in his or her employment,
or
(c)
alteration of his or her position to his or her
prejudice,
by reason of the fact that the person is summoned to
serve as a juror.
Penalty: 20 penalty units.
(8)
In proceedings for an offence under subsection
(7), if all the facts constituting the offence other than the reason for the
defendant’s action are proved, the onus of proving that the threat was
not actuated by the reason alleged in the charge lies on the
defendant.
(9)
A person can be prosecuted for and convicted of
offences under both subsections (1) and (7) in relation to the same
circumstances.
(10)
In this section:
employer includes a person acting on
behalf of the employer.
s 69: Am 1987 No 286,
Schs 1 (21), 2 (8); 1998 No 49, Sch 15.
70Directors etc liable where
corporation commits offence
A person who is a director or an employee of a
corporation which offends against this Act is guilty of the same offence, and
liable to be punished as an individual guilty of that offence, if:
(a)
the offence committed by the corporation was
committed with the knowledge of that person,
(b)
that person was in a position to influence the
conduct of the corporation in relation to the commission of the offence by it,
and
(c)
that person did not use all due diligence to
prevent the commission of the offence by the
corporation.
71Proceedings for
offences
(1)
Except to the extent that this Act otherwise
provides, proceedings for offences against this Act shall be disposed of in a
summary manner before a Local Court.
(1A)
Proceedings for an offence under section 68 by a
corporation may be dealt with:
(a)
summarily before a Local Court,
or
(b)
summarily before the Supreme Court in its summary
jurisdiction.
(1B)
If proceedings for an offence under section 68 by
a corporation are brought in a Local Court, the maximum monetary penalty that
the Local Court may impose for the offence is $10,000, despite any higher
maximum monetary penalty provided in respect of the offence by that
section.
(2)
Chapter 5 of the Criminal
Procedure Act 1986 (which relates to the summary disposal
of certain indictable offences unless an election is made to proceed on
indictment) applies to and in respect of an offence under section
68A.
s 71: Am 1987 No 286,
Sch 2 (9); 1997 No 15, Sch 1 [19]; 1999 No 94, Sch 4.34; 2001 No 121, Sch
2.131 [3] [4]; 2003 No 71, Sch 5 [3].
Part 10General
72Payment for jury
service
(1)
A person is entitled to be paid for attendance
for jury service at a court or coronial inquest only if the person attends for
service in accordance with the summons and does not then successfully apply to
be excused from service.
(1A)
Such a payment is to be made at the prescribed
rate.
(2)
Where civil proceedings are tried with a jury
pursuant to a requisition for trial with a jury, the party who filed that
requisition shall pay to the sheriff or any prescribed officer of the court on
the prescribed day of the trial and on each subsequent day the amount, or if
the regulations so provide any prescribed part of the amount, required to pay
the fees for the jurors under subsection (1) for that
day.
(3)
The fees paid under subsection (2) shall be
treated as costs in the proceedings, unless the court otherwise
orders.
s 72: Am 1988 No 131,
Sch 12 (4); 1996 No 4, Sch 2 [8].
72AJuror’s oath or
affirmation
(1)
The form of oath or affirmation to be taken or
made by a person before serving as a juror is an oath or affirmation that the
person will give a true verdict according to the
evidence.
(2)
The oath or affirmation may be administered,
taken or made in the manner provided for by the Oaths
Act 1900 or in the prescribed
manner.
(3)
For the purposes of this section, the prescribed manner of administering,
taking or making the oath or affirmation is:
(a)
the person taking or making the oath or
affirmation repeats the words of the oath or affirmation,
or
(b)
the officer administering the oath or affirmation
repeats the words of the oath or affirmation and the person taking or making
the oath or affirmation indicates his or her assent to the oath or affirmation
by uttering the words “So help me God” (in the case of an oath) or
“I do” (in the case of an affirmation).
(4)
The words of the oath or affirmation are the
following words, or words to the following effect:
(a)
“I swear by Almighty God that I will give a
true verdict according to the evidence” (in the case of an
oath),
(b)
“I solemnly and sincerely declare and
affirm that I will give a true verdict according to the evidence” (in
the case of an affirmation).
(5)
If an oath is administered, taken or made in the
prescribed manner, it is not necessary that a religious text be used by the
person who is taking the oath.
Note—
Under section 11A of the Oaths
Act 1900, a copy of the Bible, New Testament or Old
Testament is used in administering an oath.
(6)
If an oath is taken by a person before serving as
a juror, the fact that the person taking it did not have a religious belief or
did not have a religious belief of a particular kind does not for any purpose
affect the legality or validity of the oath.
(7)
An oath or affirmation taken or made by a person
before serving as a juror is not illegal or invalid by reason of a failure to
administer, take or make the oath or affirmation in accordance with this
section.
s 72A: Ins 1987 No
286, Sch 1 (22). Am 2005 No 31, Sch 6 [3].
73Verdict not invalidated in
certain cases
The verdict of a jury shall not be affected or
invalidated by reason only:
(a)
that any member of the jury was disqualified from
serving as a juror or ineligible to serve as a juror,
(b)
of any omission, error or irregularity with
respect to any supplementary jury roll, jury roll, card or summons prepared or
issued for the purposes of this Act,
(c)
that any juror was misnamed or misdescribed
(where there is no question as to the juror’s
identity).
s 73: Am 1996 No 4,
Sch 1 [27].
73AInvestigation by sheriff of
jury irregularities
(1)
If there is reason to suspect that the verdict of
a jury in a trial of any criminal proceedings may be, or may have been,
affected because of improper conduct by a member or members of the jury, the
sheriff may, with the consent of or at the request of the Supreme Court or
District Court, investigate the matter and report to the court on the outcome
of the investigation.
(2)
Section 68A (1) does not prohibit the sheriff
from soliciting information from a juror or former juror for the purpose of
conducting such an investigation.
(3)
Section 68B (1) does not prohibit a juror from
disclosing information to the sheriff in connection with such an
investigation.
(4)
Section 139 (2) of the Evidence Act 1995 applies in relation to
any questioning conducted by the sheriff for the purpose of an investigation
under this section (in the same way as it applies to official questioning by
an investigating official).
(5)
The sheriff may, despite sections 29 and 68,
include a juror’s name or other matter that identifies a juror in a
report to the court under this section.
s 73A: Ins 2004 No
102, Sch 1 [7].
74Delegation
(1)
The sheriff may, by instrument in writing,
delegate to a deputy sheriff, under sheriff or other person employed in the
sheriff’s office the exercise or performance of such of the
sheriff’s powers, authorities, duties or functions (other than this
power of delegation) as are specified in the instrument of delegation, and
may, by instrument in writing, revoke wholly or in part any such
delegation.
(2)
A power, authority, duty or function, the
exercise or performance of which has been delegated under this section, may,
while the delegation remains unrevoked, be exercised or performed from time to
time in accordance with the terms of the delegation.
(3)
A delegation under this section may be made
subject to such conditions or limitations as to the exercise or performance of
any of the powers, authorities, duties or functions delegated, or as to time
or circumstance, as may be specified in the instrument of
delegation.
(4)
Notwithstanding any delegation under this
section, the sheriff may continue to exercise or perform all or any of the
powers, authorities, duties or functions delegated.
(5)
Any act or thing done or suffered by a delegate
while acting in the exercise of a delegation under this section shall have the
same force and effect as if the act or thing had been done or suffered by the
sheriff and shall be deemed to have been done or suffered by the
sheriff.
75Service of summons
etc
(1)
Any summons, notice or other document required or
authorised by or under this Act to be sent, served or given to any person by
the sheriff shall be deemed to have been duly sent, served or given:
(a)
if delivered personally to that person, or if
left at the address appearing on the jury roll in respect of that person,
or
(b)
if sent by post, addressed to that person at that
address.
(2)
Service of a summons, notice or other document in
accordance with subsection (1) (b) shall be prima facie deemed to have been
effected at the time when it would be delivered in the ordinary course of
post.
75AInformation to be supplied to
sheriff
(1)
For the purpose of allowing the functions of the
sheriff to be carried out in pursuance of this Act in a timely and efficient
manner, the registrars of the Supreme Court, District Court and Coroners Court
are to provide the sheriff with such information about court sittings and
trials as the sheriff may reasonably request.
(2)
For that purpose, the sheriff may also obtain
relevant information from any judge or coroner having the conduct of any trial
or inquest for which a jury has been or is to be summoned and from the parties
concerned in any such proceedings.
(3)
Regulations may be made for or with respect to
the provision of information to the sheriff by persons referred to in this
section.
s 75A: Ins 1996 No 4,
Sch 1 [28].
75BPower to obtain information
for purposes of Act
(1)
The Commissioner of Police, the Commissioner of
Corrective Services and any other person prescribed by the regulations are
each authorised and required to provide the sheriff with information
reasonably requested by the sheriff that is relevant to determining whether or
not a person is liable to be included on a supplementary jury roll or a jury
roll or for jury service.
(2)
It is a duty of each party to proceedings listed
for trial by a jury or represented at a coronial inquest to inform the sheriff
as soon as is practicable of any event of which the party becomes aware that
affects the question of whether or not a jury will be required for the trial
or inquest and the dates on which persons will be required to attend for jury
service.
s 75B: Ins 1996 No 4,
Sch 1 [28].
76Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(1A)
In particular, the regulations may make provision
for or with respect to the following:
(a)
the information or other matter to be contained
in any notice, summons or other document that by or under this Act is required
or permitted to be prepared,
(b)
the manner of service of any such
document.
(2)
A regulation may create an offence punishable by
a penalty not exceeding 5 penalty units.
s 76: Am 1987 No 286,
Sch 2 (10); 2004 No 68, Sch 8 [3].
77Repeals
Each Act specified in Column 1 of Schedule 4 is,
to the extent specified opposite that Act in Column 2 of Schedule 4,
repealed.
78
s 78: Am 1980 No 27,
Sch 2. Rep 1999 No 85, Sch 4.
79Transitional and savings
provisions
Schedule 8 has effect.