Attorney-General's Portfolio Miscellaneous Measures Act 2024 (41 of 2024)

Schedule 2   Federal Court juries

Federal Court of Australia Act 1976

7   Before section 23EA

Insert:

23EAA Jury districts and rolls

Jury districts

(1) The Sheriff may, in writing, determine that the electoral Divisions specified in the determination constitute a jury district for a particular State or Territory.

Note: Jury districts determined under this subsection are relevant for the provision of jury panels under Subdivision DA (see section 23DH).

(2) There may be more than one jury district for a State or Territory.

(3) A determination made under subsection (1) is not a legislative instrument.

Jury rolls

(4) The Sheriff may prepare a written jury roll for a jury district composed of the Rolls (as on the day the Sheriff begins the preparation) for each electoral Division that forms part of the jury district.

Note: Jury rolls prepared under this subsection are relevant for the provision of jury panels under Subdivision DA (see section 23DJ).

(5) A jury roll prepared under subsection (4) is not a legislative instrument.

23EAB Number of jurors on jury

(1) The number of jurors on a jury is:

(a) 12; or

(b) such larger number (not exceeding 15) as the Court orders.

(2) An order under paragraph (1)(b) must be made before the jury is empanelled under section 23DZJ for the indictable primary proceedings.

23EAC Continuation of the trial with a reduced jury

(1) Subject to subsection (3), if a juror is discharged during a trial, the Court may direct that the trial continue with the remaining jurors.

(2) If the Court gives a direction under subsection (1) after the jury has retired to consider its verdict on a count in the indictment, the verdict of the remaining jurors has the same effect as if it were the verdict of all the persons who were jurors when the jury retired to consider its verdict.

Note: There must not be more than 12 jurors when the jury retires to consider its verdict (see section 23EAD).

(3) A trial must not continue with fewer than 10 jurors.

23EAD Ballot to reduce additional jurors

If, before the jury is asked to retire to consider its verdict on a count in the indictment, there are more than 12 jurors, a ballot must be conducted to select at random 11 of the jurors who, together with the jury foreperson, will consider the verdict.

Note 1: This means the jury foreperson is excluded from the ballot. For the appointment of the jury foreperson, see section 23EA.

Note 2: The jurors not selected in the ballot are discharged at the end of the conduct of the ballot (see section 23EJ).