Jury Amendment (Assumed Identities) Regulation 2009 (NSW)

2009 No 2

New South Wales

Jury Amendment (Assumed Identities)

Regulation 2009

under the

Jury Act 1977

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Jury Act 1977.

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
Under section 38 of the Jury Act 1977 (the Act), before the selection of the jury at a criminal trial, civil trial or coronial inquest, the judge or coroner must, subject to the regulations, direct that the jurors on the panel be informed of the identity of the principal witnesses to be called (in the case of a criminal trial, limited to the principal witnesses to be called for the prosecution).
The object of this Regulation is to amend the Jury Regulation 2004 to provide that the identity of a person who is a principal witness must not be disclosed under section 38 (7) (a), (8) (a) or (9) (a) of the Act if:

(a)	the person is an officer in respect of whom an assumed identity approval is in force under the Law Enforcement and National Security (Assumed Identities) Act 1998 or was in force at the relevant time, or
(b)	the person is a participant in an authorised operation under the Law Enforcement (Controlled Operations) Act 1997 or was at the relevant time.

This Regulation is made under the Jury Act 1977, including sections 38 (7), (8), (9) and (11) and 76 (1) (the general regulation-making power).

Published in Gazette No 8 of 9 January 2009, page 123	Page 1
2009 No 2
Clause 1	Jury Amendment (Assumed Identities) Regulation 2009

Jury Amendment (Assumed Identities) Regulation 2009

under the

Jury Act 1977

1      Name of Regulation

This Regulation is the Jury Amendment (Assumed Identities)
Regulation 2009.

2 Amendment of Jury Regulation 2004

The Jury Regulation 2004 is amended as set out in Schedule 1.

2009 No 2

Jury Amendment (Assumed Identities) Regulation 2009

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Clause 4A

Insert after clause 4:

4A	Identity of certain persons must not be disclosed
(1) The identity of a person who is a principal witness must not be disclosed under section 38 (7) (a), (8) (a) or (9) (a) of the Act if:

(a)	the person is an officer in respect of whom an assumed identity approval is in force under the Law Enforcement and National Security (Assumed Identities) Act 1998, or
(b)	the person is an officer in respect of whom an assumed identity approval was in force under the Law Enforcement and National Security (Assumed Identities) Act 1998 at the relevant time, or
(c)	the person is a participant in an authorised operation within the meaning of the Law Enforcement (Controlled Operations) Act 1997, or
(d)	the person was a participant in an authorised operation within the meaning of the Law Enforcement (Controlled Operations) Act 1997 at the relevant time.
(2)	This clause does not apply to a jury selected before the commencement of this clause.

BY AUTHORITY