Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AK

  (1)   A person commits an offence if:

  (a)   the person (the first person ) solicits another person (the second person ) for information; and

  (b)   the second person is a juror or former juror; and

  (c)   one of the following subparagraphs applies:

  (i)   the information identifies a person as a juror or former juror;

  (ii)   the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person;

  (iii)   the information relates to the deliberations of the jury.

Penalty:   60 penalty units.

  (2)   A person commits an offence if:

  (a)   the person (the first person ) solicits another person (the second person ) for information; and

  (b)   the second person is a juror or former juror; and

  (c)   one of the following subparagraphs applies:

  (i)   the information identifies a person as a juror or former juror;

  (ii)   the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person;

  (iii)   the information relates to the deliberations of the jury; and

  (d)   the first person:

  (i)   provides a benefit to another person; or

  (ii)   causes a benefit to be provided to another person; or

  (iii)   offers to provide, or promises to provide, a benefit to another person; or

  (iv)   causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person;

    in relation to the soliciting of the information.

Penalty:   Imprisonment for 6 months.

  (3)   Subsections   (1) and (2) do not apply if:

  (a)   a Judge or officer of the Court solicits the information because of a suspicion that a juror or former juror is or was biased in relation to the performance of that juror's, or former juror's, duties as a juror; or

  (b)   an investigating official solicits the information because of a suspicion that a juror or former juror committed:

  (i)   fraud; or

  (ii)   another offence against a law of the Commonwealth or a State or Territory;

    in relation to the performance of that juror's, or former juror's, duties as a juror; or

  (c)   the information was solicited in accordance with the performance of a function under this Act; or

  (d)   the information was solicited in accordance with an authority granted by the Attorney - General for the conduct of a research project into matters relating to juries or jurors; or

  (e)   a health professional solicited the information from the former juror when treating the former juror in relation to issues arising out of the former juror's service on the jury.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3)--see subsection   13.3(3) of the Criminal Code .

  (4)   In this section:

"benefit" has the same meaning as in the Criminal Code .

"investigating official" means any of the following:

  (a)   the Attorney - General;

  (b)   the Director of Public Prosecutions;

  (c)   a member of the Australian Federal Police or of the police force or police service of a State or Territory;

  (d)   a Judge or officer of the Court.