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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Courts Legislation Amendment (Juries and Other
Matters) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF CONSTITUTION ACT 1975 3
3 Pensions of Supreme Court judges 3
PART 3--AMENDMENT OF JURIES ACT 2000 4
4 Jury pools 4
5 Remuneration and allowances for jury service 4
6 Secrecy and jury irregularities 5
7 New section 78A inserted 6
78A Panel member or juror must not make enquiries about
trial matters 6
78B Examination of juror etc. as to enquiries 8
78C Self-incrimination not an excuse 8
PART 4--AMENDMENT OF MAGISTRATES' COURT ACT 1989 9
8 Rule-making power of Magistrates 9
9 Witnesses to statements tendered at committal proceedings 9
PART 5--GENERAL 10
10 Repeal of Act 10
ENDNOTES 11
561175B.I-27/5/2008 i BILL LA INTRODUCTION 27/5/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Courts Legislation Amendment (Juries
and Other Matters) Bill 2008
A Bill for an Act to amend the Constitution Act 1975, the Juries Act
2000 and the Magistrates' Court Act 1989 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Constitution Act 1975
5 with respect to the recognition for pension
purposes of certain prior service of persons
appointed as judges of the Supreme Court;
and
561175B.I-27/5/2008 1 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 1--Preliminary
s. 2
(b) to amend the Juries Act 2000 in relation to
the powers of the Juries Commissioner,
the remuneration and allowances for jury
service and investigations by jurors; and
5 (c) to amend the Magistrates' Court Act 1989
in relation to persons who may witness
statements to be tendered in committal
proceedings.
2 Commencement
10 (1) This Act (except section 5 and Part 4) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to subsection (4), section 5 comes into
operation on a day to be proclaimed.
15 (3) Subject to subsection (4), Part 4 comes into
operation on a day to be proclaimed.
(4) If section 5 and Part 4 do not come into operation
before 1 January 2009, they come into operation
on that day.
__________________
561175B.I-27/5/2008 2 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 2--Amendment of Constitution Act 1975
s. 3
PART 2--AMENDMENT OF CONSTITUTION ACT 1975
3 Pensions of Supreme Court judges
In section 83(1)(a)(iii) of the Constitution Act See:
Act No.
1975, after "subsection" (where first occurring) 8750.
5 insert "(6)(b) or". Reprint No. 18
as at
31 October
2006
and
amending
Act Nos
24/2006 and
24/2007.
LawToday:
www.
legislation.
vic.gov.au
__________________
561175B.I-27/5/2008 3 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 3--Amendment of Juries Act 2000
s. 4
PART 3--AMENDMENT OF JURIES ACT 2000
4 Jury pools
See: (1) Insert the following heading to section 29 of the
Act No.
53/2000. Juries Act 2000--
Reprint No. 2
5 as at "Jury pools".
16 July 2007.
LawToday: (2) After section 29(4A) of the Juries Act 2000
www.
legislation. insert--
vic.gov.au
"(4B) The Juries Commissioner may exclude
a person from a pool if the Juries
10 Commissioner is satisfied that the person is
unavailable to sit on a trial due to the likely
length of the trial.
(4C) In order to exclude a person under subsection
(4B), the Juries Commissioner must be
15 satisfied--
(a) by evidence on oath, whether oral or by
affidavit; or
(b) by statutory declaration; or
(c) if the Juries Commissioner considers it
20 appropriate, by any other means.
(4D) A person excluded under subsection (4B)
may be allocated to another pool for jury
service.".
(3) In section 29(5) of the Juries Act 2000, after
25 "subsection (3)" insert "and who have not been
excluded under subsection (4B)".
5 Remuneration and allowances for jury service
(1) In section 51(1) of the Juries Act 2000, for
"prescribed rate of remuneration and allowances"
30 substitute "rate of remuneration and allowances
fixed for the time being under subsection (4)".
561175B.I-27/5/2008 4 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 3--Amendment of Juries Act 2000
s. 6
(2) In section 51(3) of the Juries Act 2000, for
"prescribed rate" substitute "rate fixed for the
time being under subsection (4)".
(3) After section 51(3) of the Juries Act 2000
5 insert--
"(4) The Minister, by notice published in the
Government Gazette, must fix the rate of
remuneration and allowances to be paid
under this section.
10 (5) A notice under subsection (4)--
(a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstances.
15 (6) A notice under subsection (4) takes effect
on the day on which it is published in the
Government Gazette or, if a later day is
specified in the notice, on that day.
(7) A notice under subsection (4) may be
20 amended or revoked in the same manner
as that in which it was made.".
6 Secrecy and jury irregularities
(1) In section 65(3) of the Juries Act 2000--
(a) after paragraph (a) insert--
25 "(ab) the Juries Commissioner; or";
(b) in paragraph (e), for "or the Director of
Public Prosecutions for the Commonwealth"
substitute ", the Director of Public
Prosecutions for the Commonwealth or
30 the Juries Commissioner".
(2) After section 78(3)(a)(i) of the Juries Act 2000
insert--
"(ia) the Juries Commissioner; or".
561175B.I-27/5/2008 5 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 3--Amendment of Juries Act 2000
s. 7
(3) In section 78(3)(b) of the Juries Act 2000, for
"or the Director of Public Prosecutions for the
Commonwealth," substitute "the Director of
Public Prosecutions for the Commonwealth or
5 the Juries Commissioner,".
(4) In section 78(4) of the Juries Act 2000, after
"Director of Public Prosecutions for Victoria"
insert "or the Juries Commissioner".
(5) After section 78(4) of the Juries Act 2000
10 insert--
"(4A) If a complaint referred to in subsection (4) is
made to the Juries Commissioner during the
course of a trial, the Juries Commissioner
must refer the complaint to the trial judge.".
15 7 New section 78A inserted
After section 78 of the Juries Act 2000 insert--
"78A Panel member or juror must not make
enquiries about trial matters
(1) A person who is--
20 (a) on a panel for a trial; or
(b) a juror in a trial--
must not make an enquiry for the purpose of
obtaining information about a party to the
trial or any matter relevant to the trial, except
25 in the proper exercise of his or her functions
as a juror.
Penalty: 120 penalty units.
(2) This section applies from the time a person is
selected or allocated as part of a panel for a
30 trial until--
(a) the person is excused from jury service
on the trial; or
(b) the person returns to the jury pool; or
561175B.I-27/5/2008 6 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 3--Amendment of Juries Act 2000
s. 7
(c) if the person is empanelled as a juror,
the juror, or the jury of which the juror
is a member, is discharged by the trial
judge.
5 (3) Nothing in this section prevents a juror
from--
(a) making an enquiry of the court or
another member of the jury, in the
proper exercise of his or her functions
10 as a juror; or
(b) making an enquiry authorised by the
trial judge.
(4) Anything done by a juror in contravention of
a direction given to the jury by the trial judge
15 is not a proper exercise by the juror of his or
her functions as a juror.
(5) In this section, making an enquiry
includes--
(a) consulting with another person;
20 (b) conducting any research by any means;
Example
Using the Internet to search an electronic
database for information.
(c) viewing or inspecting a place or object
25 that is relevant to the trial;
(d) conducting an experiment;
(e) requesting another person to make an
enquiry.
561175B.I-27/5/2008 7 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 3--Amendment of Juries Act 2000
s. 7
78B Examination of juror etc. as to enquiries
A judge may examine on oath a person
referred to in section 78A(1) to determine
whether a person has engaged in conduct
5 that may constitute an offence against
section 78A(1).
78C Self-incrimination not an excuse
(1) A person is not excused from complying
with a requirement to give evidence on
10 an examination under section 78B on the
ground that the evidence might incriminate
the person in relation to an offence against
section 78A.
(2) Any evidence given by a person on an
15 examination under section 78B or any
information, document or thing obtained as
a direct or indirect consequence of the person
having given evidence is not admissible in
evidence against the person in criminal
20 proceedings in relation to an offence against
section 78A.
Note
Subsection (2) does not extend to other offences, such
as perjury.".
__________________
561175B.I-27/5/2008 8 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 4--Amendment of Magistrates' Court Act 1989
s. 8
PART 4--AMENDMENT OF MAGISTRATES' COURT
ACT 1989
8 Rule-making power of Magistrates
After section 16(1A)(l) of the Magistrates' Court See:
Act No.
5 Act 1989 insert-- 51/1989.
Reprint No. 13
"(la) prescribing persons or classes of persons for as at
15 August
the purposes of clause 8(1)(b) of 2007
Schedule 5;". and
amending
Act Nos
77/2004,
62/2005,
51/2006,
50/2007,
52/2007,
53/2007,
8/2008,
12/2008 and
18/2008
LawToday:
www.
legislation.
vic.gov.au
9 Witnesses to statements tendered at committal
10 proceedings
For clause 8(1)(b) of Schedule 5 to the
Magistrates' Court Act 1989 substitute--
"(b) signed by the person making the statement
and contain an acknowledgment signed by
15 that person in the presence of a person, or
a person belonging to a class of persons,
prescribed by the Rules that the statement is
true and correct and is made in the belief that
a person making a false statement in the
20 circumstances is liable to the penalties of
perjury; or".
__________________
561175B.I-27/5/2008 9 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Part 5--General
s. 10
PART 5--GENERAL
10 Repeal of Act
This Act is repealed on 1 January 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561175B.I-27/5/2008 10 BILL LA INTRODUCTION 27/5/2008
Courts Legislation Amendment (Juries and Other Matters) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561175B.I-27/5/2008 11 BILL LA INTRODUCTION 27/5/2008
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