Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_58ab
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 58AB
Character Range: 105915–107175

58AB  Failing to comply with directions—persons attending for jury service

Criminal trials
 (1) A person commits an offence if:
 (a) the person is a potential juror in relation to indictable primary proceedings; and
 (b) the person attends for service as a juror; and
 (c) the person has not been discharged under section 23EI; and
 (d) the person is given a direction by the Sheriff or the Court; and
 (e) the person fails to comply with the direction.
Penalty: 30 penalty units.

Civil trials
 (2) A person commits an offence if:
 (a) the person is a potential juror in relation to civil proceedings before the Court; and
 (b) the person attends for service as a juror; and
 (c) the person has not been discharged under a law applying under subsection 41(1); and
 (d) the person is given a direction by the Sheriff or the Court; and
 (e) the person fails to comply with the direction.
Penalty: 30 penalty units.
 (3) Subsections (1) and (2) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsections (1) and (2) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4)—see subsection 13.3(3) of the Criminal Code.