Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23DZL

Jury panel prepared under Subdivision DA

  (1)   If the jury panel was prepared under subsection   23DR(1) and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section   23DZJ, the Court may direct the Sheriff to supplement the jury panel by:

  (a)   if the original panel did not include each potential juror who attended in accordance with a jury summons--selecting additional potential jurors from those attending in the same manner as was done in the formation of the original panel under section   23DR; or

  (b)   both:

  (i)   causing additional summonses to be issued under section   23DQ to persons not already summonsed under that section for the jury; and

  (ii)   selecting additional persons from those summonsed and appearing in accordance with that section, in the same manner as was done in the formation of the original panel under section   23DR; or

  (c)   selecting a sufficient number of persons in the vicinity of the Court who are qualified to serve as a juror under section   23DL.

  (2)   For the purposes of this Division, a person selected under paragraph   (1)(c) of this section is taken to be a potential juror included on the jury panel.

Jury panel provided under Subdivision DB

  (3)   If the jury panel was provided to the Sheriff under section   23DU and there is an insufficient number of potential jurors available on the jury panel for empanelment of the jury under section   23DZJ, the Sheriff may:

  (a)   request the State/Territory jury official who provided the jury panel to the Sheriff to supplement the jury panel by selecting additional potential jurors, from those attending in accordance with a jury summons, in the same manner as was done in the formation of the original panel; or

  (b)   both:

  (i)   request the State/Territory jury official to issue summonses under subsection   (4) to a sufficient number of persons mentioned in subsection   (5) to supplement the jury panel; and

  (ii)   request the State/Territory jury official to select additional persons from those summonsed and attending in accordance with those summonses, in the same manner as was done in the formation of the original panel; or

  (c)   request the State/Territory jury official to supplement the jury panel by selecting a sufficient number of persons in the vicinity of the Court who are qualified to serve as a juror under a law applying under section   23DV.

  (4)   If a request to issue summonses is made under subparagraph   (3)(b)(i) of this section, the official:

  (a)   must comply with the request by applying the same processes the official would apply in issuing summonses for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned; and

  (b)   is authorised to issue the summonses under this subsection.

  (5)   The persons are persons:

  (a)   who may be summoned under a law of the State or Territory concerned relating to juries for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory concerned; and

  (b)   not already summonsed under subsection   23DU(3) for the jury.

  (6)   For the purposes of this Division, a person selected under paragraph   (3)(c) of this section is taken to be a potential juror included on the jury panel.