Jury Exemption Act 1965 (Cth)
This compilation was prepared on 31 January 2013
taking into account amendments up to Act No. 174 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
This Act may be cited as the
Jury Exemption Act 1965 .
This Act shall come into operation on a date to be fixed by Proclamation.
(1) A person, or a person included within a class of persons, referred to in the Schedule to this Act is not liable, and shall not be summoned, to serve as a juror in a Federal court, a court of a State or a court of a Territory.
(2) The Governor‑General may make regulations for or in relation to:
(a) exempting a Commonwealth employee, or a person included within a class of Commonwealth employees, specified in the regulations from liability to serve as a juror:
(i) in Federal courts;
(ii) in Federal courts exercising jurisdiction in a specified State or Territory; or
(iii) in the courts of a specified Territory; and
(b) exempting a Commonwealth employee, or a person included within a class of Commonwealth employees, specified in the regulations from liability to serve as a juror in the courts of the States or in the courts of a specified State.
(3) A Commonwealth employee shall not be summoned to serve as a juror in a court in which, by reason of the regulations, he or she is exempt from serving as a juror.
(4) In this section,
Commonwealth employee means:
(a) a person employed under an Act; and
(b) a member, officer or employee of a body established by or under an Act.
Nothing in this Act operates so as to affect the validity of any verdict or judgment taken or given, or anything done, in proceedings in which a person who, by reason of this Act or the regulations, is not liable to serve as a juror serves as a juror.
Section 4(1)
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The
The
All relevant information pertaining to application, saving or
transitional provisions prior to 22 March 2001 is not included in this
compilation. For subsequent information
Act | Number and year | Date of Assent | Date of Commencement | Application, saving or transitional provisions |
13, 1965 | 18 May 1965 | 17
Sept 1970 ( | ||
216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 | |
61, 1981 | 12 June 1981 | S. 116: 30 Sept 1983 ( | — | |
87, 1988 | 8 Nov 1988 | Ss. 1 and 2: 8 Nov 1988
Remainder: 1 Mar 1989
( | — | |
43, 1996 | 25 Oct 1996 | Schedule 5 (item 75): Royal Assent | — | |
125, 1999 | 13 Oct 1999 | Schedule 11: Royal Assent | — | |
10, 2001 | 22 Mar 2001 | Schedule 2 (items 63, 94, 95):
19 Apr 2001 | Sch. 2 (items
94, 95) [ | |
54, 2009 | 25 June 2009 | Schedule 5 (items 40, 41, 86): | Sch. 5 (item 86) [ | |
174, 2012 | 4 Dec 2012 | Schedule 9 (item 1280): 1 Jan 2013 | — |
(a) TheJury Exemption Act 1965 was amended by section 116 only of theStatute Law Revision Act 1981 , subsection 2(2) of which provides as follows:
(2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation.
(b) TheJury Exemption Act 1965 was amended by Schedule 5 (item 75) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(c) TheJury Exemption Act 1965 was amended by Schedule 11 only of theLaw and Justice Legislation Amendment Act 1999 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(d) TheJury Exemption Act 1965 was amended by Schedule 2 (item 63) only of theDefence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.
(e) Subsection 2(1) (items 13 and 21) of theFair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 5, items 32 to 64 | Immediately
after the commencement of Part 2‑4 of the | 1
July 2009 ( |
Schedule 5, Part 3 | Immediately
after the commencement of Part 2‑4 of the | 1
July 2009 ( |
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Provision affected | How affected |
S. 3......................................... | rep. No. 216, 1973 |
S. 4......................................... | am. No. 216, 1973; No. 43, 1996 |
The Schedule......................... |
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Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (No. 10, 2001)
(1) Regulations that were in effect under any Act immediately before the commencement of this item continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this item were still members of that part or component after that time, even if that part or component no longer exists.
Example: Assume that, immediately before the commencement of this item, regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after commencement, even though the Air Force Specialist Reserve itself is no longer mentioned in the
Air Force Act 1923 and the members have now become members of the Air Force Reserve.(2) However, regulations that continue in effect under this item do so only to the extent that they are not amended or revoked by later regulations.
(1) The regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by this Schedule.
(2) In particular, such regulations may deal with the status, after the commencement of the amendments, of persons who were members of the Defence Force immediately before that time.
(3) Subitem (2) does not limit the scope of subitem (1).
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)
Despite the amendments made by items 40 and 41 of this Schedule, the
Jury Exemption Act 1965 , as in force immediately before the commencement of those items, continues to apply, on and after that commencement, in relation to members of the Australian Industrial Relations Commission and the Australian Fair Pay Commission, as those members continue to hold office because of theFair Work (Transitional Provisions and Consequential Amendments) Act 2009 , as if those amendments had not been made.
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