Juries Act 1957 (W.A.)(C.K.I.) (Amendment) Ordinance 1996 (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

__________

Juries Act 1957 (W.A.)(C.K.I)

(Amendment) Ordinance 1996

No. 7 of 1996

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 6 November 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK SMITH

Minister for Sport, Territories and Local Government

__________

An Ordinance to amend the Juries Act 1957 (W.A.)(C.K.I.)

1.   Short title

1.1   This Ordinance may be cited as the Juries Act 1957 (W.A.)(C.K.I) (Amendment) Ordinance 1996.¹

[NOTE:     This Ordinance commences on gazettal: see Cocos (Keeling) Islands Act 1955, s. 12 (2).]

2.    Amendment

2.1   The Juries Act 1957 (W.A.)(C.K.I) is amended as set out in this Ordinance.

3.    Section 3 (Interpretation)

3.1   Definition of “Assembly district”:

Omit the definition.

3.2   Definition of “jury district”:

Omit the definition.

3.3   Definition of “police officer”:

Omit the definition.

3.4   Insert the following definition:

“ ‘CEO’ means the chief executive officer of the local government for the district of the Cocos (Keeling) Islands within the meaning of the Local Government Act 1995 (W.A.)(C.K.I.);”.

4.    Section 4 (Liability to serve as juror)

4.1   Omit the section, substitute:

Liability to serve as juror

“4.   A person is liable to serve as a juror at trials in the Territory if the person is enrolled, under the Local Government Act 1995 (W.A.)(C.K.I.), to vote at elections for the district of the Cocos (Keeling) Islands.

[NOTE:  Sections 4.29 and 4.30 of the Local Government Act 1995 (W.A.)(C.K.I.) set out the conditions that must be satisfied for a person to be eligible to be enrolled to vote at elections for the district of the Cocos (Keeling) Islands.]”.

5.    Part III (Jury Districts)

5.1   Omit the Part, substitute:

“PART 3—THE JURY DISTRICT

Constitution of the Territory as the jury district

“9.   The jury district is the Territory.”.

6.    Section 14 (CEO to prepare jury lists)

6.1   Subsection 14 (1) to (4) (inclusive):

Omit the subsections, substitute:

“(1)   Before 30 April in each year the CEO must give the Sheriff a list of all the persons to whom section 4 applies.

“(2)   Subject to section 5, the list given under subsection (1) is the jury list for the jury district for the period that begins on 1 May of the year to which the list applies and ends on 30 April of the following year.”.

7.    New section 14A

7.1   After section 14, insert:

Transitional provisions for the preparation of Jurors’ Books

“14A.   (1)    Within 2 months after the commencement of this section, the CEO must give the Sheriff a list of all the persons who:

(a)   are liable, under section 4, to serve as jurors at trials in the Territory; and

(b)   are not persons described in section 5.

“(2)   Within 14 days of receiving the list, the Sheriff must send it to the jury officer of the Territory.

“(3)   The list, when all the names in it are numbered in regular arithmetical series, is the Jurors’ Book for the Territory until a new Jurors’ Book has been prepared in accordance with section 14.

“(4)   The jury officer must keep the Jurors’ Book with the records of the office of the jury officer for use whenever required under this Act.”.

8.   Section 15 (Electoral Commissioner to prepare jury lists for new districts)

8.1   Omit the section.

9.    Section 17 (Duty of police)

9.1   Omit “Electoral Commissioner”, substitute “CEO”.

10.    Section 30 (Rights of parties to inspect panels for criminal trials)

10.1   Omit the section, substitute:

Inspection of jury panels for criminal trials

“30.   (1)    Except by leave of a Judge of the Supreme Court, the summoning officer must not permit a person to inspect the panel of jurors for a criminal trial or to inspect or obtain a copy of the panel before the day fixed for the trial.

“(2)   Counsel for the Crown, counsel or the solicitor for the accused person, and the accused person, may inspect or obtain from the Sheriff, on the day fixed for a criminal trial, a copy of the panel of jurors for the trial.”.

11.    Section 34A (Claims for exemption and adjustment of Jurors’ Books)

11.1   Subsection 34A (2a):

Omit “Electoral Commissioner” (twice occurring), substitute “CEO”.

12.    Section 53 (Neglect by officials to perform duties)

12.1   Omit “Electoral Commissioner,”, substitute “CEO,”.

13.    Second Schedule

13.1   Part I, clause 2:

Add at the end:

“;     (o)   Administrator, Acting Administrator or Deputy of the Administrator of the Territory;

(p)   Official Secretary to the Administrator.”.

NOTE

1.   Notified in the Commonwealth of Australia Gazette on 13 November 1996.