(1) A person commits an offence if:
(a) the person (the first person ) solicits another person (the second person ) for information; and
(b) the second person is a juror or former juror; and
(c) one of the following subparagraphs applies:
(i) the information identifies a person as a juror or former juror;
(ii) the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person;
(iii) the information relates to the deliberations of the jury.
(2) A person commits an offence if:
(a) the person (the first person ) solicits another person (the second person ) for information; and
(b) the second person is a juror or former juror; and
(c) one of the following subparagraphs applies:
(i) the information identifies a person as a juror or former juror;
(ii) the first person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the first person;
(iii) the information relates to the deliberations of the jury; and
(d) the first person:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person;
in relation to the soliciting of the information.
Penalty: Imprisonment for 6 months.
(3) Subsections (1) and (2) do not apply if:
(a) a Judge or officer of the Court solicits the information because of a suspicion that a juror or former juror is or was biased in relation to the performance of that juror's, or former juror's, duties as a juror; or
(b) an investigating official solicits the information because of a suspicion that a juror or former juror committed:
(i) fraud; or
(ii) another offence against a law of the Commonwealth or a State or Territory;
in relation to the performance of that juror's, or former juror's, duties as a juror; or
(c) the information was solicited in accordance with the performance of a function under this Act; or
(d) the information was solicited in accordance with an authority granted by the Attorney - General for the conduct of a research project into matters relating to juries or jurors; or
(e) a health professional solicited the information from the former juror when treating the former juror in relation to issues arising out of the former juror's service on the jury.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3)--see subsection 13.3(3) of the Criminal Code .
(4) In this section:
"benefit" has the same meaning as in the Criminal Code .
"investigating official" means any of the following:
(a) the Attorney - General;
(b) the Director of Public Prosecutions;
(c) a member of the Australian Federal Police or of the police force or police service of a State or Territory;
(d) a Judge or officer of the Court.