Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DN

Investigation and questionnaires

  (1)   The Sheriff may make such enquiries as he or she thinks necessary to determine whether a person included on the jury list:

  (a)   is not qualified to serve as a juror; or

  (b)   should be excused from serving as a juror.

  (2)   Without limiting subsection   (1), the Sheriff may send a questionnaire to some or all of the persons included in the jury list.

  (3)   A person who receives a questionnaire under subsection   (2) must complete the questionnaire in the manner specified and return it to the Sheriff within 14 days.

Note:   It is an offence if the person fails to return, or properly complete, the questionnaire (see section   58AE).

  (4)   A failure by a person to comply with subsection   (3) does not affect the retention of the person's name on the jury list.

  (5)   After preparing the jury list, the Sheriff may:

  (a)   give the Commissioner of the Australian Federal Police the name and other details of any or all of the persons included in the jury list; and

  (b)   request the Commissioner to give information about the criminal history (if any) of each of those persons.

The Commissioner must give the information to the Sheriff.

  (6)   The Sheriff may give the Court any information that the Commissioner gives the Sheriff under this section.

Note:   If the information indicates that the person is not qualified, the Sheriff has power to remove the person's name from the jury list under section   23DO and there is no need to pass the information on to the Court.

  (7)   The Sheriff must not disclose information given to the Sheriff by the Commissioner under this section except:

  (a)   to the Court under subsection   (6); or

  (b)   otherwise for the purposes of this Act.


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