Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DM

When a person is not qualified

  (1)   A person is not qualified to serve as a juror in the indictable primary proceedings if:

  (a)   the person has been:

  (i)   convicted of an offence against a law of the Commonwealth, a State or a Territory; and

  (ii)   sentenced to imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

  (b)   the person has been:

  (i)   convicted of an offence against a law of a foreign country; and

  (ii)   sentenced to death, imprisonment for life, or to serve a term of imprisonment of more than 12 months, as a result of the conviction; or

  (c)   the person has been:

  (i)   tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

  (ii)   ordered to be detained for life, or for a period of more than 12 months, in a hospital, juvenile facility or other detention facility as a result of the trial; or

  (d)   the person has, within the last 10 years, been:

  (i)   convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

  (ii)   sentenced to serve a term of imprisonment (including by way of periodic detention) as a result of the conviction; or

  (e)   the person has, within the last 10 years, been:

  (i)   tried for an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

  (ii)   ordered to be detained in a hospital, juvenile facility or other detention facility as a result of the trial; or

  (f)   the person is currently:

  (i)   serving a term of imprisonment (including by way of periodic detention); or

  (ii)   being detained in a hospital, juvenile facility or other detention facility; or

  (iii)   subject to an order for periodic home detention or periodic detention in a hospital, juvenile facility or other detention facility; or

  (g)   the person is currently subject to:

  (i)   a good behaviour bond or community service order; or

  (ii)   a similar order; or

  (h)   the person is currently being held in custody for the commission, or suspected commission, of a criminal offence; or

  (i)   the person:

  (i)   has been charged with an offence against a law of the Commonwealth, a State, a Territory or a foreign country; and

  (ii)   is currently at liberty in respect of the offence until the person is required to appear before a court in respect of the offence.

Note:   For paragraph   (i), the person will be at liberty in respect of the offence if bail is granted for the offence.

Extended meaning of serving a term of imprisonment

  (2)   For the purposes of subsection   (1), serving a term of imprisonment includes:

  (a)   the case where:

  (i)   a person has been sentenced to a term of imprisonment; and

  (ii)   the sentence has been suspended; and

  (iii)   the period of suspension has not ended; and

  (b)   the case where:

  (i)   a person has been sentenced to a term of imprisonment; and

  (ii)   the person has started serving the sentence; and

  (iii)   the person has been released on parole or probation or on a similar basis; and

  (iv)   that period of release has not ended.

Disregard convictions etc. that have been set aside

  (3)   For the purposes of this section, disregard a conviction, sentence or order if the conviction, sentence or order has been set aside on appeal or as a result of a pardon.