Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 58AB

Criminal trials

  (1)   A person commits an offence if:

  (a)   the person is a potential juror in relation to indictable primary proceedings; and

  (b)   the person attends for service as a juror; and

  (c)   the person has not been discharged under section   23EI; and

  (d)   the person is given a direction by the Sheriff or the Court; and

  (e)   the person fails to comply with the direction.

Penalty:   30 penalty units.

Civil trials

  (2)   A person commits an offence if:

  (a)   the person is a potential juror in relation to civil proceedings before the Court; and

  (b)   the person attends for service as a juror; and

  (c)   the person has not been discharged under a law applying under subsection   41(1); and

  (d)   the person is given a direction by the Sheriff or the Court; and

  (e)   the person fails to comply with the direction.

Penalty:   30 penalty units.

  (3)   Subsections   (1) and (2) are offences of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

  (4)   Subsections   (1) and (2) do not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4)--see subsection   13.3(3) of the Criminal Code .