Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_58al:p1
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 58AL (pt 1/2)
Character Range: 119415–122050

58AL  Disclosing information about a jury
 (1) A person commits an offence if:
 (a) the person is a juror or former juror; and
 (b) the person discloses information to another person (the second person); and
 (c) one of the following subparagraphs applies:
 (i) the information identifies a person as a juror or former juror;
 (ii) the second 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 second 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 is a juror or former juror; and
 (b) the person discloses information to another person (the second person); and
 (c) one of the following subparagraphs applies:
 (i) the information identifies a person as a juror or former juror;
 (ii) the second 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 second person;
 (iii) the information relates to the deliberations of the jury; and
 (d) the first‑mentioned person:
 (i) asks for a benefit for himself, herself or another person; or
 (ii) receives or obtains a benefit for himself, herself or another person; or
 (iii) agrees to receive or obtain a benefit for himself, herself or another person;
  in relation to the disclosure.
Penalty: Imprisonment for 6 months.
 (3) Subsections (1) and (2) do not apply if:
 (a) the disclosure was to a Judge or officer of the Court because of a suspicion that a juror or former juror is or was biased in relation to the performance of that other juror's, or former juror's, duties as a juror; or
 (b) the disclosure was to an investigating official 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 other juror's, or former juror's, duties as a juror; or
 (c) the disclosure was made in accordance with the performance of a function under this Act; or
 (d) the disclosure was made 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) the disclosure was made by a former juror to a health professional who is treating the former juror in relation to issues arising out of the former juror's service on the jury.
Note: A