Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_58ak:p1
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 58AK (pt 1/2)
Character Range: 116158–118818

58AK  Soliciting information from jurors
 (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