Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts24. Sections 41 and 42 of the Principal Act are repealed and the following sections substituted:
“41. (1) A person who has been served with a jury summons shall not, without a valid and sufficient reason, fail to attend in accordance with the summons.
Penalty: 5 penalty units.
“(2) Subsection (1) does not apply to a person—
(a) who has subsequently been excused from jury service; or
(b) in relation to whom the jury summons has been withdrawn.
“42. A person—
(a) who attends in accordance with a jury summons;
(b) who has been appointed to attend to serve as a juror; or
(c) who is a juror;
shall not leave the Court premises before being discharged or excused by a Judge or the Sheriff unless permitted to do so by the Sheriff.
Penalty: 5 penalty units.
“42A. (1) A person—
(a) who attends in accordance with a jury summons;
(b) who has been appointed to attend to serve as a juror; or
(c) who is a juror;
shall not, without reasonable excuse, fail to comply with the conditions (if any) imposed by a Judge or the Sheriff on the person before being excused by the Judge or Sheriff or permitted to leave the Court premises by the Sheriff.
Penalty: 5 penalty units.
“(2) The conditions that may be imposed by a Judge or the Sheriff include but are not limited to—
(a) a condition that the person return to the Court premises by a particular time; and
(b) a condition that the person is or is not to remain with another person.
“(3) Subject to a condition of the kind described in paragraph (2) (b), a jury may separate at any time before or after it retires to consider its verdict.
“42B. (1) Where a Judge considers that a person may have contravened section 41, 42 or 42A the Judge may issue a warrant in accordance with Form 3 of Schedule 1 requiring the Sheriff to apprehend the person and bring him or her before the Court.
“(2) Where a person is brought before the Court in accordance with a warrant issued under subsection (1), a Judge may, if satisfied that the person committed the offence, without service of process impose on the person a fine not exceeding 5 penalty units.
“(3) If a person has been dealt with under subsection (2) in respect of an offence, proceedings do not lie against him or her in respect of that offence.
“42C. (1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth, a State or another Territory whether instituted before or after the commencement of this section.
“(2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published.
Penalty:
(a) in the case of a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a body corporate—250 penalty units.
“(3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information.
Penalty:
(a) in the case of a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a body corporate—250 penalty units.
“(4) A person must not publish protected information.
Penalty:
(a) in the case of a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a body corporate—250 penalty units.
“(5) Subsection (2) does not prohibit disclosing protected information—
(a) to a court;
(b) to a Royal Commission or a Board of Inquiry;
(c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a police officer for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity;
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.
“(6) Subsection (3) does not prohibit soliciting or obtaining protected information—
(a) in the course of proceedings in a court;
(b) by a Royal Commission or a Board of Inquiry;
(c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a police officer for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity; or
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service.
“(7) Subsection (4) does not prohibit publishing protected information—
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(b) as part of a fair and accurate report of—
(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations or a juror's identity;
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or
(iii) if the protected information relates to jury deliberations—proceedings by way of appeal from the proceedings in the course of which the deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal.
(iv) a statement made or information provided by the Director of Public Prosecutions about a decision, or the reason for a decision, not to institute or conduct a prosecution or proceedings for an alleged contempt of court or alleged offence relating to jury deliberations or a juror's identity.
“(8) This section does not prohibit a person—
(a) during the course of proceedings, publishing or otherwise disclosing, with the leave of the court or otherwise with lawful excuse, information that identifies, or is likely to identify, the person or another person as, or as having been, a juror in the proceedings; or
(b) after proceedings have been completed, publishing or otherwise disclosing—
(i) information that identifies, or is likely to identify, the person as having been a juror in the proceedings; or
(ii) information that identifies, or is likely to identify, another person as, or as having been, a juror in the proceedings if the other person has consented to the publication or disclosure of that information.
“(9) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
“(10) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose.
“(11) In this section—
‘protected information' means—
(a) particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court; or
(b) information that identifies, or is likely to identify, a person as, or as having been, a juror in particular proceedings;