AustLII Tasmanian Consolidated Acts

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JURIES ACT 2003 - SECT 58

Disclosure of certain matters

(1)  A person must not –
(a) publish, or cause to be published, any prohibited matter; or
(b) solicit or obtain the disclosure by a juror or former juror of any prohibited matter.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 3 000 penalty units; or
(b) a natural person, a fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.
(2)  A juror must not disclose any prohibited matter during the course of a trial except in the course of deliberations with another juror in that trial.
Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.
(3)  A former juror must not disclose any prohibited matter if the person has reason to believe that the disclosure may result in the prohibited matter being published to the public.
Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.
(4)  The provisions of subsection (1) or subsection (3) do not prevent a former juror from disclosing, in relation to issues arising out of the person's service as a juror, any prohibited matter to –
(a) a medical practitioner or a psychologist in the course of treatment; or
(b) an Australian legal practitioner in the course of seeking professional legal advice.
(5)  A medical practitioner or psychologist must not disclose any information referred to in subsection (4) to any other person.
Penalty:  Fine not exceeding 600 penalty units or imprisonment for a term not exceeding 2 years.
(6)  The provisions of this section do not prevent –
(a) a juror or former juror disclosing any information about the deliberations of a jury to –
(i) a judge, the court or the Magistrates Court; or
(ii) a board or commission appointed by the Governor; or
(iii) the Attorney-General; or
(iv) the Director of Public Prosecutions for Tasmania for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or
(v) the Director of Public Prosecutions for the Commonwealth for the purpose of an investigation and prosecution relating to a criminal offence involving a juror or former juror; or
(b) the investigation by a police officer at the request of the Director of Public Prosecutions for Tasmania or the Director of Public Prosecutions for the Commonwealth of a complaint about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror to the police in the course of the investigation; or
(c) the investigation by a person authorised by the court sitting as the Court of Appeal in relation to an appeal to that Court of an allegation about the deliberations of a jury or the disclosure of information about those deliberations by a juror or former juror to the authorised person in the course of that investigation; or
(d) the publication or disclosure by a person of any information about the deliberations of a jury if that publication or disclosure is not capable of identifying a juror or the relevant legal proceeding; or
(e) 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.
(7)  This section does not apply to the disclosure of information about a proceeding for an offence under this section if, before the proceeding was commenced, the information had been published generally to the public.
(8)  A prosecution for an offence under this section may only be brought with the consent in writing of the Director of Public Prosecutions or a person authorised by the Director of Public Prosecutions to give consent for the purposes of this subsection.
(9)  An offence under this section is an indictable offence.



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