Commonwealth Numbered Regulations - Explanatory Statements

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JURY EXEMPTION (S.R. 1992 NO. 123) REGULATIONS (AMENDMENT) 1992NO. 289

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 289

Issued by the Authority of the Attorney-General

Jury Exemption Act 1965

Jury Exemption (Statutory Rules 1992 No. 123) Regulations (Amendment)

Subsection 4(2) of the Jury Exemption Act 1965 (the Act) provides that the GovernorGeneral may make regulations for and in relation to exempting a Commonwealth employee, or a person included within a class of Commonwealth employees, from liability to serve as a juror in federal courts, in federal courts exercising jurisdiction in a specified State or Territory, in the courts of a specified Territory, in the courts of the States or in the courts of a specified State. Subsection 4(3) of the Act provides that a Commonwealth employee shall not be summoned to serve as a juror in a court in which, by reason of the regulations, he or she is exempt from serving as a juror. Subsection 4(4) of the Act provides that in section 4 "Commonwealth employee" means a person employed under an Act, or as member, officer or employee of a body established by or under an Act.

On 7 May 1992 the Jury Exemption Regulations were amended by Statutory Rules 1992 No. 123. The Regulations did not effect their purpose to insert new paragraphs (k) and (1) into 5(2) because they did not include operative words to indicate that new provisions were to be added to the regulation. The operative words were omitted in error in the documentation submitted to the Executive Council.

The proposed Regulations rectify the omission in Statutory Rules 1992 No 1203. Proposed Regulation 2 omits all words after subregulation 3.7 and inserts subregulations 3.8 and 3.9. Subregulation 3.8 is made in the same form as it appeared in SR 1992 No 123, and has the same effect in relation to paragraph 5(2)(i). Subregulation 3.9 will add at the end, to exempt those persons from jury service, a member, or a member of the staff, of the Administrative Appeals Tribunal; and officers or employees of the Attorney-General's Department of the Australian Capital Territory, the Legal Aid Office of the Australian Capital Territory and the Office of the Director of Public Prosecutions of the Australian Capital Territory whose duties involve the provision of legal professional services.


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