Jury Exemption Regulations 2019 (Cth)

Jury Exemption Regulations 2019

made under the

Jury Exemption Act 1965

Compilation No. 2

Compilation date:14 October 2024

Includes amendments:F2024L01299

About this compilation

This compilation

This is a compilation of the Jury Exemption Regulations 2019 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary1Name

This instrument is the Jury Exemption Regulations 2019.

3Authority

This instrument is made under the Jury Exemption Act 1965.

5Definitions

Note: The expression Commonwealth employee is used in this instrument and is defined in the Act.

In this instrument:

Act means the Jury Exemption Act 1965.

Part 2Exemption of certain Commonwealth employees from jury service6Certain Commonwealth employees exempt from service as jurors in courts

A Commonwealth employee covered by section 7, 8, 9 or 10 is exempt from liability to serve as a juror in:

1. (a)

   federal courts; and

2. (b)

   courts of the States (whether exercising jurisdiction in the State concerned or outside it); and

3. (c)

   courts of the following Territories (whether exercising jurisdiction in the Territory concerned or outside it):

   1. (i)

      the Australian Capital Territory;

   2. (ii)

      the Northern Territory;

   3. (iii)

      Norfolk Island;

   4. (iv)

      the Territory of Christmas Island.

7Senior Commonwealth employees

This section covers a Commonwealth employee:

1. (a)

   who is an Agency Head (as defined in the Public Service Act 1999); or

2. (b)

   who is an SES employee, or an acting SES employee, with a classification of Senior Executive Band 3 or an APS employee who holds, or is acting in, an equivalent position; or

3. (c)

   who holds an office, or performs the duties of a position, that is comparable to that of an Agency Head, or an SES employee with a classification of Senior Executive Band 3.

Note: For acting SES employee and SES employee, see section 2B of the Acts Interpretation Act 1901.

8Commonwealth employees involved in the administration of justice

This section covers a Commonwealth employee who is any of the following:

1. (a)

   an officer of, or APS employee in, any of the following, whose duties involve the provision of legal services:

   1. (i)

      a Department;

   2. (ii)

      the Office of Parliamentary Counsel;

   3. (iii)

      the Office of the Director of Public Prosecutions;

2. (b)

   an officer or employee of the High Court;

3. (c)

   a person who is either:

   1. (i)

      an officer of a federal court other than the High Court; or

   2. (ii)

      an APS employee whose services are made available for the purposes of the administrative affairs of a federal court other than the High Court;

whose duties relate directly and substantially to the administration of justice;

1. (d)

   an APS employee in the National Measurement Institute whose duties involve providing analytical or calibration services or advice;

2. (e)

   a person employed under section 24 of the Australian Federal Police Act 1979;

3. (f)

   a person who is any of the following:

   1. (i)

      the Chief Executive Officer of the ACC;

   2. (ii)

      an examiner appointed under the Australian Crime Commission Act 2002;

   3. (iii)

      a member of the staff of the ACC referred to in subsection 47(1) of the Australian Crime Commission Act 2002;

4. (g)

   a member, the Principal Registrar or a staff member of the Administrative Review Tribunal, within the meaning of the Administrative Review Tribunal Act 2024.

5. (h)

   a member of the National Native Title Tribunal, the Native Title Registrar, a Deputy Registrar of that Tribunal or a member of the staff assisting that Tribunal;

6. (i)

   a staff member (as defined in the Australian Securities and Investments Commission Act 2001) whose duties involve the provision of legal services or investigating matters.

9Commonwealth employees working on biosecurity etc.

This section covers a Commonwealth employee who:

1. (a)

   is an employee of a Commonwealth body, or part of a Commonwealth body, that is declared under section 452 of the Biosecurity Act 2015 to be a national response agency; and

2. (b)

   is performing functions or exercising powers under Part 1 of Chapter 8 of that Act in respect of a biosecurity emergency during a biosecurity emergency period.

10Commonwealth employees working for key institutions

This section covers a Commonwealth employee who is any of the following:

1. (a)

   the Official Secretary to the Governor‑General;

2. (b)

   an SES employee, or an acting SES employee, who is assisting a Royal Commission;

3. (c)

   a person performing the duties of Secretary to a committee of inquiry established under an Act;

4. (d)

   a person holding, or performing the duties of, one of the following positions relating to a Minister:

   1. (i)

      Chief of Staff;

   2. (ii)

      Principal Adviser;

   3. (iii)

      Senior Adviser;

   4. (iv)

      Senior Media Adviser;

   5. (v)

      Adviser;

   6. (vi)

      Media Adviser;

5. (g)

   a person holding, or performing the duties of, one of the following offices or positions in the Department of the Senate:

   1. (i)

      Clerk of the Senate;

   2. (ii)

      Deputy Clerk of the Senate;

   3. (iii)

      Usher of the Black Rod;

   4. (iv)

      an SES employee (as defined in the Parliamentary Service Act 1999), or an acting SES employee (as defined in that Act), with a classification of Senior Executive Band 1;

   5. (v)

      Secretary to a committee established by the Senate, or jointly by the Senate and the House of Representatives (including a committee established by an Act);

or a Parliamentary Service employee (as defined in the Parliamentary Service Act 1999) performing the duties of a Clerk at the Table in the Senate;

1. (h)

   a person holding, or performing the duties of, one of the following offices or positions in the Department of the House of Representatives:

   1. (i)

      Clerk of the House of Representatives;

   2. (ii)

      Deputy Clerk of the House of Representatives;

   3. (iii)

      Clerk Assistant (Procedure);

   4. (iv)

      Clerk Assistant (Committees);

   5. (v)

      Clerk Assistant (Table);

   6. (vi)

      Serjeant‑at‑Arms;

   7. (vii)

      Deputy Serjeant‑at‑Arms;

   8. (viii)

      Director (Programming), Table Office;

   9. (ix)

      Director (Legislation and Records), Table Office;

   10. (x)

       Secretary to a committee established by the House of Representatives, or jointly by the House of Representatives and the Senate (including a committee established by an Act);

2. (i)

   a person holding, or performing the duties of, one of the following offices or positions in the joint Department (as defined in the Parliamentary Service Act 1999):

   1. (i)

      Secretary;

   2. (ii)

      Parliamentary Librarian;

   3. (iii)

      Chief Information Officer;

   4. (iv)

      First Assistant Secretary, Building and Security Division;

   5. (v)

      Chief Operating Officer;

   6. (vi)

      Chief Finance Officer;

   7. (vii)

      Assistant Secretary, Capital Works Branch;

   8. (viii)

      Director, Legal Services;

3. (j)

   the Parliamentary Budget Officer;

4. (k)

   an APS employee holding, or performing the duties of, a position of parliamentary liaison officer in the Department administered by the Prime Minister.

Part 3Application, saving and transitional provisionsDivision 1Provisions for this instrument as originally made11Application to liability to serve arising on or after commencement

This instrument applies to liability to serve as a juror that arises on or after the commencement of this instrument.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Jury Exemption Regulations 2019	11 Feb 2019 (F2019L00118)	12 Feb 2019 (s 2(1) item 1)
Fair Work and Other Legislation Amendment (Secure Jobs, Better Pay) Regulations 2023	30 May 2023 (F2023L00625)	Sch 1 (item 43): 31 May 2023 (s 2(1) item 6)	—
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 2 (item 33): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
s 4.............................................	rep LA s 48C
Part 2
s 8.............................................	am F2024L01299
s 10............................................	am F2023L00625
Schedule 1..................................	rep LA s 48C