Territory of Christmas Island
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Juries Legislation (Amendment)
Ordinance 1996
No. 9 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 Christmas Island Act 1958.
Dated 6 November 1996.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
WARWICK SMITH
Minister for Sport, Territories and Local Government
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An Ordinance to amend the Juries Act 1957 (W.A.)(C.I.) and to repeal the Juries Ordinance 1987
PART 1—PRELIMINARY
1. Short title
1.1 This Ordinance may be cited as the Juries Legislation (Amendment) Ordinance 1996.1
[NOTE: This Ordinance commences on gazettal: see Christmas Island Act 1958, s. 9 (2).]
PART 2—AMENDMENT OF THE JURIES ACT 1957 (W.A.)(C.I.)
2. Amendment
2.1 The Juries Act 1957 (W.A.)(C.I.) is amended as set out in this Part.
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 Christmas Island within the meaning of the Local Government Act 1995 (W.A.)(C.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.I.), to vote at elections for the district of Christmas Island.
[NOTE: Sections 4.29 and 4.30 of the Local Government Act 1995 (W.A.)(C.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 Christmas Island.]”.
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 Subsections 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. Section 15 (Electoral Commissioner to prepare jury lists for new districts)
7.1 Omit the section.
8. Section 17 (Duty of police)
8.1 Omit “Electoral Commissioner”, substitute “CEO”.
9. Section 30 (Rights of parties to inspect panels for criminal trials)
9.1 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.”.
10. Section 34A (Claims for exemption and adjustment of Jurors’ Books)
10.1 Subsection 34A (2a):
Omit “Electoral Commissioner” (twice occurring), substitute “CEO”.
11. Section 53 (Neglect by officials to perform duties)
11.1 Omit “Electoral Commissioner,”, substitute “CEO,”.
12. Second Schedule
12.1 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.”.
PART 3—REPEAL OF THE JURIES ORDINANCE 1987
AND TRANSITIONAL PROVISIONS
13. Repeal and transitional
13.1 The Juries Ordinance 19872 is repealed.
13.2 In spite of the repeal of the Juries Ordinance 1987:
(a) the jury list that, under section 16 of the Juries Ordinance 1987, was in force immediately before the repeal of that Ordinance is taken, at the commencement of this Ordinance, to be:
(i) a jury list in force under section 14 of the Juries Act 1957 (W.A.)(C.I.); and
(ii) the Jurors’ Book for the purposes of that section; and
(b) a jury summons served:
(i) before the repeal of the Juries Ordinance 1987; and
(ii) in accordance with that Ordinance;
that requires the attendance of a person after the commencement of this Ordinance is taken to be a summons served under the Juries Act 1957 (W.A.)(C.I.).
13.3 The provisions of the Juries Act 1957 (W.A.) (C.I.) apply in relation to a trial commenced, but not completed, before the commencement of this Ordinance as if the jurors attending the trial had been summonsed under that Act.
[NOTE: Other savings provisions are made by s. 8I of the Christmas Island Act 1958.]
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 13 November 1996.
2. Ordinance No. 3 of 1987.