ATTORNEY-GENERAL'S PORTFOLIO MISCELLANEOUS MEASURES BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Attorney-

General's Portfolio

Miscellaneous Measures Bill 2023

No. , 2023

(Attorney-General)

A Bill for an Act to amend the law in relation to

federal courts, marriage and other matters in the

Attorney-

General's portfolio

, and for related

purposes

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1

Federal Court criminal jurisdiction

Part 1

Conferral of criminal jurisdiction

Australian Securities and Investments Commission Act 2001

Corporations Act 2001

Judiciary Act 1903

National Consumer Credit Protection Act 2009

Superannuation Industry (Supervision) Act 1993

Part 2

Criminal procedure

Corporations Act 2001

Federal Court of Australia Act 1976

Judiciary Act 1903

National Consumer Credit Protection Act 2009

Schedule 2

Federal Court juries

Federal Court of Australia Act 1976

Schedule 3

Amendment of the Marriage Act 1961

Part 1

Deputy Registrars of Marriage Celebrants

Marriage Act 1961

Part 2

Timeframes for considering application for

registration as authorised celebrant

Marriage Act 1961

Part 3

Refund of registration application fee

Marriage Act 1961

Part 4

Celebrant to be physically present at marriage

Marriage Act 1961

Part 5

Identity requirements

Marriage Act 1961

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part 6

Notice of intended marriage and consent

Marriage Act 1961

Part 7

Single registration as authorised celebrant

Marriage Act 1961

Schedule 4

Other amendments

Part 1

Arbitration

Family Law Act 1975

Part 2

Assistance from Attorney-General

Native Title Act 1993

Part 3

Corrections

Federal Circuit and Family Court of Australia Act 2021

Federal Court of Australia Act 1976

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

A Bill for an Act to amend the law in relation to

federal courts, marriage and other matters in the

Attorney-

General's portfolio

, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Attorney-

General's Portfolio Miscellaneous

Measures Act 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1

and 2

The day after this Act receives the Royal

Assent.

3. Schedule 3,

Parts 1 to 6

The day after this Act receives the Royal

Assent.

4. Schedule 3,

Part 7

The 28th day after this Act receives the

Royal Assent.

5. Schedule 4

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Federal Court criminal jurisdiction

Schedule 1

Conferral of criminal jurisdiction

Part 1

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Schedule

1--Federal Court criminal

jurisdiction

Part

1--Conferral of criminal jurisdiction

Australian Securities and Investments Commission Act 2001

1 Section 12HC (at the end of the heading)

Add "

for offences against this Division etc.

2 At the end of section 12HC

Add:

(4) Nothing in subsection (3) affects the operation of the

Director of

Public Prosecutions Act 1983

3 Before section 243B

Insert:

243A Prosecutions for indictable offences against this Act

(1) Subject to subsection (2), jurisdiction is conferred on the Federal

Court to hear and determine prosecutions for indictable offences

against this Act.

(2) Subsection (1) does not apply to prosecutions for offences:

(a) against Division 2 of Part 2; or

(b) against Part 3 in its application in relation to an investigation

of a contravention of that Division.

Note:

For the jurisdiction of the Federal Court in relation to prosecutions for

these offences, see section 12HC.

(3) Proceedings before the Federal Court under this section, other than

proceedings instituted by:

(a) ASIC; or

(b) a person authorised in writing by ASIC;

must not be instituted except with the consent in writing of the

Minister or of a person authorised by the Minister in writing to

give such consents.

Schedule 1

Federal Court criminal jurisdiction

Part 1

Conferral of criminal jurisdiction

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

(4) Nothing in subsection (3) affects the operation of the

Director of

Public Prosecutions Act 1983

Corporations Act 2001

4 After section 1338A

Insert:

1338AA Criminal jurisdiction of the Federal Court

Jurisdiction is conferred on the Federal Court to hear and

determine prosecutions for indictable offences against this Act.

5 Section 1338B (heading)

Repeal the heading, substitute:

1338B Criminal jurisdiction of State and Territory courts

Judiciary Act 1903

6 Section 2

Insert:

related summary offence

has the meaning given by

subsection 67G(3).

7 Subsection 39B(1A) (note)

Repeal the note, substitute:

Note:

Section 67G of this Act, along with certain other laws of the

Commonwealth, confer criminal jurisdiction on the Federal Court of

Australia.

8 Before Division 1 of Part X

Insert:

Federal Court criminal jurisdiction

Schedule 1

Conferral of criminal jurisdiction

Part 1

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Division

1A--Criminal jurisdiction of the Federal Court of

Australia

67G Criminal jurisdiction of the Federal Court of Australia

Jurisdiction in relation to related summary offences

(1) If, in proceedings before the Federal Court of Australia (the

Federal Court

(a) a person pleads guilty to an indictable offence; or

(b) a person is found guilty or not guilty of an indictable offence;

the Federal Court has jurisdiction to hear and determine

prosecutions for a related summary offence.

Note:

Other laws of the Commonwealth apart from this section also confer

criminal jurisdiction on the Federal Court of Australia.

(2) If all charges for an indictable offence against a person before the

Federal Court have been discontinued, the Federal Court has

jurisdiction to hear and determine prosecutions for a related

summary offence.

(3) An offence is a

related summary offence

, in relation to an

indictable offence, if:

(a) the offence is a summary offence against a law of the

Commonwealth; and

(b) the offence arises from substantially the same facts and

circumstances as those from which the indictable offence has

arisen; and

offence.

Jurisdiction in relation to certain Criminal Code indictable

offences

(4) Subject to subsection (5), the Federal Court has jurisdiction to hear

and determine prosecutions for indictable offences against any of

the following provisions of the

Criminal Code

(a) Division 70 of Chapter 4 (about bribery of foreign public

officials);

(b) Part 7.7 of Chapter 7 (about forgery and related offences);

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(d) Part 10.2 of Chapter 10 (about money laundering);

(e) Part 10.7 of Chapter 10 (about computer offences);

(f) Part 10.8 of Chapter 10 (about financial information

offences);

(g) Part 10.9 of Chapter 10 (about accounting records).

(5) Proceedings before the Federal Court under subsection (4) may

only be instituted:

(a) by the Australian Securities and Investments Commission; or

(b) by a person authorised in writing by the Australian Securities

and Investments Commission; or

(i) the Minister administering the

Australian Securities and

Investments Commission Act 2001

; or

(ii) a person authorised in writing by that Minister to give

such consents.

(6) Nothing in subsection (5) affects the operation of the

Director of

Public Prosecutions Act 1983

Relationship with associated matters jurisdiction

(7) Nothing in this section is intended in any way to limit or affect the

jurisdiction the Federal Court has under subsection 32(4) of the

Federal Court of Australia Act 1976

National Consumer Credit Protection Act 2009

9 Before section 204

Insert:

203A Criminal jurisdiction of the Federal Court

The Federal Court has jurisdiction to hear and determine

prosecutions for indictable offences against this Act.

10 Section 204 (heading)

Repeal the heading, substitute:

Federal Court criminal jurisdiction

Schedule 1

Conferral of criminal jurisdiction

Part 1

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

204 Criminal jurisdiction of State and Territory courts

Superannuation Industry (Supervision) Act 1993

11 Before section 202

Insert:

201A Criminal jurisdiction of the Federal Court of Australia in

relation to certain indictable offences

The Federal Court of Australia has jurisdiction to hear and

determine prosecutions for indictable offences against provisions

of this Act that are administered by ASIC.

12 After section 324A

Insert:

324B Instituting criminal proceedings

(1) Proceedings before the Federal Court of Australia for an offence

against a provision of this Act must not be instituted except with

the written consent of the Minister, or of a person authorised in

writing by the Minister to give such consents.

(2) Subsection (1) does not apply to proceedings instituted by the

Regulator or a person authorised in writing by the Regulator.

(3) Nothing in this section affects the operation of the

Director of

Public Prosecutions Act 1983

Schedule 1

Federal Court criminal jurisdiction

Part 2

Criminal procedure

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General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part

2--Criminal procedure

Corporations Act 2001

13 At the end of subsection 1338A(3)

Add "or sections

68A to 68D of that Act in relation to proceedings in

relation to an offence against the Corporations legislation that are

brought before the Federal Court".

Federal Court of Australia Act 1976

14 Section 4

Insert:

related summary offence

has the same meaning as in the

Judiciary

Act 1903

15 Subsection 23AB(4)

Repeal the subsection (including the note).

16 After Division 1A of Part III

Insert:

Division

1B--Original jurisdiction (related summary

offences)

23K Practice and procedure applicable to proceedings for related

summary offences

Unless the Court orders otherwise:

(a) the laws of the Commonwealth; and

(b) the laws of the State or Territory applying under

subsection 68(1) of the

Judiciary Act 1903

; and

relating to the practice and procedure to be followed during

proceedings for the prosecution of a person for a related summary

Federal Court criminal jurisdiction

Schedule 1

Criminal procedure

Part 2

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

offence are to be those in force at the time the draft summons for

the related summary offence is filed with the Court.

23L Evidence in proceedings for related summary offences

(1) Without affecting the admissibility of any evidence which might be

given apart from this subsection, in proceedings for the prosecution

of a person for a related summary offence, the Court may admit as

evidence in relation to the prosecution:

(a) evidence given during a trial of the person in respect of the

indictable offence; or

(b) in the case of a plea of guilty to the indictable offence,

evidence given by witnesses and documents tendered in

evidence during the committal proceedings for the indictable

offence; or

offence against the person, evidence given by witnesses and

documents tendered in evidence during the committal

proceedings for the indictable offence.

(2) On the hearing of a prosecution against a person for a related

summary offence, a party may adduce further evidence only with

the leave of the Court.

17 After subsection 30AA(2)

Insert:

(2A) The Court has jurisdiction to hear and determine an appeal from a

judgment of the Court constituted by a single Judge in proceedings

for a related summary offence.

18 At the end of subsection 30BF(1)

Add "or (2A)".

19 After section 32AD

Insert:

32AE Discretionary transfer of certain criminal proceedings

(1) This section applies to a proceeding in a court if:

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(a) all or part of the proceeding is for a corporate crime offence;

and

(b) the court is the Court or a court of a State or Territory.

(2) If it appears to the court (the

first court

) that it is more appropriate

for the proceeding or a part of the proceeding to be determined by

another court (the

second court

) that has jurisdiction to hear and

determine the proceedings, the first court may transfer the

proceeding or part to the second court.

(3) In considering whether to make an order under subsection (2), the

first court must have regard to:

(a) the interests of justice; and

(b) any laws of the State or Territory in which the first court is

located that provide for particular courts of that State or

Territory to hear and determine the proceeding or part of the

proceeding.

(4) A court may make an order under subsection (2):

(a) on application by the prosecutor; or

(b) on its own initiative.

(5) If an order is made under subsection (2):

(a) the first court may make such orders as it considers necessary

pending the disposal of the proceeding or part by the second

court; and

(b) further proceedings must be as directed by the second court.

(6) Without limiting paragraph (5)(b), the second court may order that

it proceed as if:

(a) the proceeding had been commenced in the second court; and

(b) the same or similar steps in the proceeding had been taken in

the second court as were taken in the first court; and

proceeding had been made by the second court.

(7) An appeal does not lie from a decision of a court in relation to the

transfer of a proceeding, or part of a proceeding, under

subsection (2).

(8) Nothing in this section confers on a court jurisdiction that the court

would not otherwise have.

Federal Court criminal jurisdiction

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Criminal procedure

Part 2

No. , 2023

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General's Portfolio Miscellaneous Measures Bill 2023

(9) In this section:

corporate crime offence

means:

(a) an indictable offence against the

Australian Securities and

Investments Commission Act 2001

; or

(b) an indictable offence against the

Corporations Act 2001

; or

of the

Criminal Code

(i) Division 70 of Chapter 4 (about bribery of foreign

public officials);

(ii) Part 7.7 of Chapter 7 (about forgery and related

offences);

(iii) Part 9.5 of Chapter 9 (about identity crime);

(iv) Part 10.2 of Chapter 10 (about money laundering);

(v) Part 10.7 of Chapter 10 (about computer offences);

(vi) Part 10.8 of Chapter 10 (about financial information

offences);

(vii) Part 10.9 of Chapter 10 (about accounting records); or

(d) an indictable offence against the

National Consumer Credit

Protection Act 2009

; or

(e) an indictable offence against a provision of the

Superannuation Industry (Supervision) Act 1993

that is

administered by the Australian Securities and Investments

Commission; or

(f) a related summary offence.

20 After paragraph 35A(1)(e)

Insert:

(ea) the power to make orders under section 32AE (about

transferring certain criminal proceedings to other courts);

Judiciary Act 1903

21 Subsection 68B(2)

Omit "section

68C", substitute "sections

68C and 68D".

22 Section 68C (heading)

After "

applying to

", insert "

indictable primary

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23 At the end of Division 1 of Part X

Add:

68D Adjustments to State and Territory laws applying to

proceedings for related summary offences before Federal

Court of Australia

(1) This section applies if:

(a) an offence referred to in subsection 68(1) is a related

summary offence; and

(b) the Federal Court of Australia (the

Federal Court

) has

jurisdiction to try a person for the offence; and

offence that are:

(i) proceedings for the prosecution of a person for the

offence (

primary proceedings

); or

(ii) criminal appeal proceedings (within the meaning of the

Federal Court of Australia Act 1976

) that relate to

primary proceedings; or

(iii) proceedings under section 30CA of that Act that relate

to primary proceedings.

Which State's or Territory's laws are to apply?

(2) The laws to be applied under subsection 68(1) in relation to the

proceedings are those referred to in the following table.

Laws applicable in relation to the proceedings

Item

If the proceedings are ...

the laws to be applied are ...

primary proceedings (other than

proceedings for the sentencing of the

person following a trial in the

Federal Court)

the laws of the State or Territory in

which the Federal Court hears the

proceedings.

primary proceedings for the

sentencing of the person following a

trial in the Federal Court

the laws of the State or Territory

applying in relation to the trial at the

end of the trial.

appeal proceedings covered by

subparagraph (1)(c)(ii)

the laws of the State or Territory

applying in relation to the

corresponding primary proceedings

Federal Court criminal jurisdiction

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Attorney-

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Laws applicable in relation to the proceedings

Item

If the proceedings are ...

the laws to be applied are ...

at the end of those primary

proceedings.

proceedings covered by

subparagraph (1)(c)(iii) in relation to

a case stated, or question reserved,

by a court

the laws of the State or Territory

applying in the proceedings during

which the court stated the case or

reserved the question.

What those laws include

(3) The laws of that State or Territory are taken:

(a) to include the Rules of the Supreme Court of that State or

Territory that apply in relation to criminal proceedings; and

(b) not to include the Rules of any other court of that State or

Territory.

How those laws apply

(4) The laws of that State or Territory apply as if any reference in

those laws to the Supreme Court of that State or Territory, and any

reference to a court that includes a reference to the Supreme Court

of that State or Territory, were a reference to the Federal Court.

(5) The laws of that State or Territory apply to the proceedings only to

the extent to which they are:

(a) not inconsistent with the laws of the Commonwealth; and

(b) not inconsistent with the Rules of the Federal Court.

24 Subsection 70(2)

Omit "section

68C", substitute "sections

68C and 68D".

National Consumer Credit Protection Act 2009

25 At the end of subsection 203(2)

Add "or sections

68A to 68D of that Act in relation to proceedings in

relation to an offence against this Act that are brought before the

Federal C

ourt".

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Federal Court juries

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Schedule

2--Federal Court juries

Federal Court of Australia Act 1976

1 Section 4 (definition of

applicable jury district

)

Omit "

section 2

3DL", substitute "

section 2

3DH".

2 Section 4 (definition of

jury district

)

Omit "

section 2

3DF", substitute "

subsection 2

3EAA(1)".

3 Section 4

Insert:

jury list

has the meaning given by subsection 23DJ(2).

jury roll

means a jury roll prepared under subsection 23EAA(4)

Sheriff

means Sheriff of the Court.

4 Section 4 (definition of

sitting place

)

Omit "

subsection 2

3DK(2)", substitute "

subsection 2

3DC(2)".

5 Section 4

Insert:

State/Territory jury official

means:

(a) an officer or member of staff of the Supreme Court of a State

or Territory; or

(b) an officer or employee of a State or Territory;

who is responsible for preparing jury panels (however described)

for the purposes of the trial on indictment of an offence in the

Supreme Court of the State or Territory.

6 Subdivision D of Division 1A of Part III

Repeal the Subdivision, substitute:

Federal Court juries

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General's Portfolio Miscellaneous Measures Bill 2023

Subdivision D

Election in relation to a jury panel

23DA Simplified outline of this Subdivision

If the Court directs the Sheriff to arrange a jury panel for indictable

primary proceedings, the Sheriff must elect that either:

(a) Subdivision DA applies in relation to the provision of a

jury panel (in which case the Sheriff provides a jury

panel to the Court under this Act); or

(b) Subdivision DB applies in relation to the provision of a

jury panel (in which case the Sheriff requests a

State/Territory jury official to provide a jury panel to the

Court prepared under State or Territory laws).

23DB Application of Subdivision

This Subdivision applies in relation to juries for indictable primary

proceedings.

23DC Direction to arrange for a jury panel

(1) The Court may give the Sheriff a written direction to arrange for a

jury panel for indictable primary proceedings.

(2) The direction must specify the place (the

sitting place

) in the State

or Territory where the jury is to sit.

(3) The Sheriff must comply with the direction.

23DD Election in relation to a jury panel

(1) This section applies if the Court gives the Sheriff a written

direction under subsection 23DC(1) to arrange for a jury panel for

indictable primary proceedings.

(2) The Sheriff must, in writing to the Chief Executive Officer, elect

that either Subdivision DA or DB applies in relation to the

provision of the jury panel to the Court for the purposes of the

proceedings.

(3) An election under subsection (2) is not a legislative instrument.

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23DE Validity of anything done by jury

Anything done by a jury is not invalid merely because of any

defect or irregularity in relation to the provision of a jury panel to

the Court.

Subdivision DA

Provision of a jury panel prepared under this

Act

23DF Simplified outline of this Subdivision

The Sheriff arranges for a jury panel under this Act by determining

the applicable jury district for the proceedings, preparing a jury list,

and summonsing the persons on that list to attend court for jury

service.

The Sheriff prepares a jury list by randomly selecting persons from

the jury roll for the applicable jury district.

A person must be qualified to serve as a juror in order to be

included on a jury panel. Not everyone is qualified to serve as a

juror.

23DG Application of Subdivision

This Subdivision applies in relation to indictable primary

proceedings if the Sheriff elects under subsection 23DD(2) that this

Subdivision applies in relation to the provision of a jury panel to

the Court for the purposes of the proceedings.

23DH Sheriff to select the jury district for the proceedings

(1) The Sheriff must, in writing, determine which jury district is to

apply to the indictable primary proceedings. This jury district (the

applicable jury district

) must be:

(a) the jury district (if any) that includes the sitting place; or

(b) another jury district, in the same State or Territory as the

sitting place, that is near the sitting place.

Note:

For the determination of jury districts, see subsection 23EAA(1).

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(2) A determination made under subsection (1) is not a legislative

instrument.

23DJ Sheriff to prepare the jury list for the proceedings

(1) The Sheriff must prepare a jury list for the indictable primary

proceedings.

(2) The

jury list

consists of:

(a) the names and addresses; and

(b) if readily available to the Sheriff

the dates of birth and sex;

of persons that the Sheriff selects from the jury roll for the

applicable jury district.

Note 1:

For the preparation of jury rolls, see subsection 23EAA(4).

Note 2:

The jury list may be supplemented under subsection (5).

Note 3:

The Sheriff may remove a person's name from the jury list under

section 23DP.

(3) The persons to be included in the jury list are to be selected at

random from the jury roll.

(4) The number of persons to be selected is the number the Sheriff

thinks is adequate to allow a jury to be empanelled.

(5) If:

(a) a jury list has been prepared under subsection (1); and

(b) the jury list no longer contains the number of persons the

Sheriff thinks is adequate to allow a jury to be empanelled;

the Sheriff may supplement the list by selecting additional persons,

who have not already been summonsed under section 23DQ for the

jury, at random from the jury roll for the applicable jury district.

Note:

The situation described in paragraph (b) may arise because of a larger

than expected number of persons being removed from the list under

section 23DP.

(6) A jury list is not a legislative instrument.

23DK Investigation and questionnaires

(1) The Sheriff may make such enquiries as the Sheriff thinks

necessary to determine whether a person included on the jury list:

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(a) is not qualified to serve as a juror; or

(b) should be excused from serving as a juror.

Note 1:

Sections 23DL, 23DM and 23DN deal with the qualification of jurors

in the indictable primary proceedings.

Note 2:

Sections 23DZD and 23DZE deal with the Sheriff excusing a person

from serving as a juror.

(2) Without limiting subsection (1), the Sheriff may send a

questionnaire to some or all of the persons included in the jury list.

(3) A person who receives a questionnaire under subsection (2) must

complete the questionnaire in the manner specified and return it to

the Sheriff within 14 days.

Note:

It is an offence if the person fails to return, or properly complete, the

questionnaire (see section 58AE).

(4) A failure by a person to comply with subsection (3) does not affect

the retention of the person's name on the jury list.

(5) After preparing the jury list, the Sheriff may:

(a) give the Commissioner of the Australian Federal Police the

name and other details of any or all of the persons included in

the jury list; and

(b) request the Commissioner to give information about the

criminal history (if any) of each of those persons.

(6) If the Sheriff makes a request under subsection (5), the

Commissioner must give the information to the Sheriff.

(7) The Sheriff may give the Court any information that the

Commissioner gives the Sheriff under this section.

Note:

If the information indicates that the person is not qualified, the Sheriff

has power to remove the person's name from the jury list under

section 23DP and there is no need to pass the information on to the

Court.

(8) The Sheriff must not disclose information given to the Sheriff by

the Commissioner under this section except:

(a) to the Court under subsection (7); or

(b) otherwise for the purposes of this Act.

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23DL Qualification to serve as a juror

Subject to sections 23DM and 23DN, a person is qualified to serve

as a juror in the indictable primary proceedings if:

(a)

the person's name is on the jury roll for the applicable jury

district; and

(b) the person is entitled to vote at elections of Members of the

House of Representatives in accordance with

subsection 93(2) of the

Commonwealth Electoral Act 1918

23DM Disqualification from serving on jury (convictions, charges,

detention orders etc.)

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

(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

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(ii) sentenced to serve a term of imprisonment (including by

way of periodic detention) as a result of the conviction;

(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;

(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

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(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.

23DN Disqualification from serving on jury (professional

ineligibility)

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

primary proceedings if the person is:

(a) the Governor or Administrator of a State or Territory; or

(b) a judge, or other judicial officer, of a court of a State or

Territory; or

State or Territory; or

(d) a qualified legal practitioner who holds a legal practising

certificate in a State or Territory; or

(e) a person whose duties or activities involve or are connected

with:

(i) the investigation or prosecution of criminal offences; or

(ii) the administration of justice; or

(iii) the punishment of offenders; or

(f) a person who:

(i) is excluded by a State or Territory law from serving as a

juror in a court of that State or Territory; and

(ii)

is so excluded because the person's current duties or

activities involve or are connected with public

administration or emergency services.

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(2) Subsection (1) has effect in addition to:

(a) section 89 of the

Navigation Act 2012

and any other law that

exempts other categories of persons from serving as jurors; or

(b) the

Jury Exemption Act 1965

and any other law that provides

that other categories of persons are not liable to serve as

jurors.

For the purposes of this Division, a person exempt from serving, or

not liable to serve, as a juror under a law referred to in

paragraph (a) or (b) is taken to be not qualified to serve as a juror.

(3) Subsection (1) applies whether the position the person holds is paid

or not.

23DP Removing names from jury list

The Sheriff must remove a person's name from the jury list if the

Sheriff is satisfied that:

(a) the person is not qualified to serve as a juror; or

(b) the Sheriff would excuse the person from serving on the jury:

(i) under section 23DZD if the person were a potential

juror who had applied under that section to be excused;

(ii) under section 23DZE if the person were a potential

juror.

23DQ Jury summonses

(1) The Sheriff must issue summonses to a sufficient number of

persons on the jury list to allow the empanelment of the jury.

Note:

It is an offence if a person served with a summons fails to attend for

jury service in accordance with the summons, and the person has not

been excused (see section 58AA).

(2) The persons to be summonsed are to be selected at random from

the jury list.

(3) A summons to a person must be in the form, and be served, as

provided for in the Rules of Court.

(4) The Sheriff may withdraw a summons issued under this section.

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23DR Preparing the jury panel

(1) The Sheriff must prepare a jury panel by listing the names,

addresses and dates of birth of:

(a) each potential juror who has attended in accordance with a

jury summons; or

(b) an adequate number of potential jurors, selected at random,

from those who have attended in accordance with a jury

summons.

(2) Only potential jurors who:

(a) are qualified to serve as a juror; and

(b) are not excused from serving on the jury;

are to be included on the jury panel.

(3) The Sheriff must assign a number to each potential juror who is

included on the jury panel, indicating the number next to the

person's name on the list prepare

(4) A potential juror, who is not excused by the Sheriff, remains liable

to be included on the jury panel until the potential juror is

discharged.

Note:

A potential juror will be discharged if excused or successfully

challenged (see section 23EI).

Subdivision DB

Provision of a jury panel prepared under

State or Territory laws

23DS Simplified outline of this Subdivision

Where there is consent to do so, the Sheriff may request the

Supreme Court of a State or Territory to provide a jury panel to the

Court for a trial in that State or Territory.

The laws in force in the State or Territory concerned will generally

apply in relation to the preparation of the jury panel for provision

to the Court and juror qualification.

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The Court must pay the State or Territory concerned a fee for the

provision of the jury panel as agreed between the Court and the

State and Territory (including a nil fee).

23DT Application of Subdivision

(1) This Subdivision applies in relation to indictable primary

proceedings if:

(a) the Sheriff elects under subsection 23DD(2) that this

Subdivision applies in relation to the provision of a jury

panel to the Court for the purposes of the proceedings; and

(b) the State or Territory in which the Court is to sit for the

purposes of the proceedings has consented to preparing, and

providing to the Sheriff, a jury panel for the purposes of such

proceedings if the Sheriff makes an election of that kind; and

(2) Without limiting paragraph (1)(b), an arrangement in force under

section 23DZ may constitute consent for the purposes of that

paragraph.

23DU Provision of jury panel by State/Territory jury official

Request for a jury panel

(1) The Sheriff may, in writing, for the purposes of indictable primary

proceedings under this Division, request a State/Territory jury

official to:

(a) prepare and provide a jury panel to the Sheriff; and

(b) issue summonses to a sufficient number of persons

mentioned in subsection (2) to allow the empanelment of a

jury for the purposes of the proceedings.

(2) The persons are persons 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.

Complying with request

(3) If a request is made under subsection (1), the official:

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(a) must comply with the request; and

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

Note:

It is an offence if a person served with a summons fails to attend for

jury service in accordance with the summons, and the person has not

been excused (see section 58AA).

(4) In complying with the request, the official must apply the same

processes the official would apply in preparing a jury panel

(however described), and issuing summonses, for the purposes of

the trial on indictment of an offence in the Supreme Court of the

State or Territory concerned.

(5) The official may comply with the request under subsection (3)

concurrently with any of the official's powe

rs, functions or duties

under a law of the State or Territory relating to the preparation of a

jury panel (however described), or relating to the issuing of

summonses, for the purposes of the trial on indictment of an

offence in the Supreme Court of the State or Territory concerned.

(6) For the purposes of this section and subsections 23DZL(3) to (5),

the laws in force in a State or Territory relating to:

(a) the preparation of jury lists and jury panels (however

described); and

(b) the processes associated with issuing summonses;

that apply for the purposes of the trial on indictment of an offence

in the Supreme Court of the State or Territory concerned extend

and are to be applied for the purposes of the indictable primary

proceedings.

Note 1:

Subsections 23DZL(3) to (5) deal with supplementing a jury panel if

the jury panel was provided to the Sheriff under this section.

Note 2:

A person who is not excused from inclusion on a jury panel (however

described) under a law of a State or Territory may later be excused

from serving as a juror for the purposes of the indictable primary

proceedings (see sections 23DZD, 23DZE and 23DZK).

(7) For the purposes of subsection (6), the laws mentioned in that

subsection apply with such changes as are necessary, and without

limiting this, references to a court are taken to be references to the

Court.

(8) If a law of a State or Territory requires the Supreme Court of the

State or Territory to issue a jury precept or direction (however

described) before a State/Territory jury official is authorised to

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prepare a jury list or jury panel (however described), the request

under subsection (1) is taken to satisfy that requirement.

When a jury panel is provided

(9) A State/Territory jury official provides a jury panel to the Sheriff

under this section by providing a list of the potential jurors on the

jury panel to the Sheriff.

(10) The list must include:

(a) the name of each potential juror; and

(b) any other information necessary to identify each potential

juror; and

potential juror's name on the list.

23DV Qualification to serve as a juror

(1) The laws in force in a State or Territory relating to the qualification

of jurors that apply for the purposes of the trial on indictment of an

offence in the Supreme Court of the State or Territory concerned

extend and are to be applied for the purposes of the indictable

primary proceedings.

(2) For the purposes of subsection (1), the laws mentioned in that

subsection apply with such changes as are necessary and, without

limiting this, references to a court are taken to be references to the

Court.

23DW Certain other laws of a State or Territory apply, and

Part VIA does not apply, before provision of jury panel

(1) If the Sheriff makes a request under subsection 23DU(1) for the

preparation and provision of a jury panel, subsections (2) to (4) of

this section apply during the period:

(a) beginning when the request is made; and

(b) ending when the State/Territory jury official provides the

jury panel to the Sheriff under section 23DU.

Note:

See subsection 23DU(9) for when a jury panel is provided to the

Sheriff.

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(2) The laws in subsection (3) extend and are to be applied, with such

changes as are necessary, in respect of conduct engaged in by, or in

relation to, persons or potential jurors in the indictable primary

proceedings.

(3) The laws are the laws in force in the State or Territory concerned,

including laws that create offences, that:

(a) relate to the trial on indictment of an offence in the Supreme

Court of the State or Territory concerned; and

(b) are equivalent to Part VIA of this Act; and

persons or potential jurors in the trial.

Note:

Part VIA of this Act creates offences relating to juries.

(4) Except for section 58AA, Part VIA of this Act does not apply in

respect of conduct engaged in by, or in relation to, persons or

potential jurors in the indictable primary proceedings.

Note:

Section 58AA provides that it is an offence if a person served with a

summons fails to attend for jury service in accordance with the

summons, and the person has not been excused.

23DX Disclosure of personal information by Sheriff or

State/Territory jury official

(1) The Sheriff may disclose to a State/Territory jury official, and a

State/Territory jury official may disclose to the Sheriff, personal

information (within the meaning of the

Privacy Act 1988

) about a

potential juror or juror in the indictable primary proceedings for the

purpose of performing functions or duties under this Act.

(2) Subsection (1) applies despite any other provision of this Act or

any other law of the Commonwealth, a State or a Territory.

23DY Payments to State or Territory

(1) If a State/Territory jury official provides to the Sheriff a jury panel

as mentioned in section 23DU, the Court must pay to the State or

Territory concerned, for the provision of that panel, either:

(a) a fee worked out in accordance with an arrangement under

section 23DZ; or

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(b) if there is no such arrangement

a fee agreed between the

Court and the State or Territory.

(2) An amount of a fee for the purposes of subsection (1) may be nil.

(3) If the Court considers it appropriate to do so, the Court may pay a

fee to a State or Territory if:

(a) the Sheriff makes a request under subsection 23DU(1) for a

State/Territory jury official in the State or Territory

concerned to prepare and provide a jury panel to the Sheriff;

and

(b) the Sheriff later rescinds the request before the official

provides the jury panel.

23DZ Arrangements with State or Territory

(1) The Chief Justice or Chief Executive Officer may, in writing, make

an arrangement with a State or Territory for and in relation to

State/Territory jury officials in that State or Territory preparing,

and providing to the Sheriff, a jury panel for the purposes of

indictable primary proceedings under this Division.

(2) If an arrangement under subsection (1) is in force in relation to a

State/Territory jury official in a State or Territory, a State/Territory

jury official in that State or Territory may prepare and provide the

jury panel despite any other provision of this Act or any other law

of the Commonwealth.

Subdivision DC

Liability to serve on j

ury and Sheriff's

excusal

23DZA Simplified outline of this Subdivision

A person who is qualified to serve as a juror is liable to do so

unless excused or discharged.

The Sheriff may excuse a potential juror from serving on a jury.

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23DZB Application of Subdivision

This Subdivision applies in relation to juries for indictable primary

proceedings.

23DZC Liability to serve on jury

(1) A person who is qualified to serve as a juror for particular

indictable primary proceedings is liable to serve as a juror for those

proceedings unless the person:

(a) is excused from that service for those proceedings under:

(i) a law applying under subsection 23DU(6); or

(ii) section 23DZD; or

(iii) section 23DZE; or

(iv) section 23DZK; or

(b) is discharged as a juror or potential juror for those

proceedings under Subdivision E.

Note:

See sections 23DL and 23DV for when a person is qualified to serve

as a juror for particular proceedings.

Lack of qualification does not affect validity of verdict

(2) Anything done by a jury is not invalid merely because a juror on

the jury was not qualified to serve as a juror for the particular

proceedings.

23DZD

Sheriff's power to excuse--

on application

Excusal when Subdivision DA applies

(1) Subsections (2) and (5) apply if Subdivision DA applies in relation

to the provision of a jury panel to the Court for the purposes of

indictable primary proceedings.

(2)

A potential juror (or an interested person on the potential juror's

behalf) may apply to the Sheriff for the potential juror to be

excused from serving on a jury at any time before the potential

juror is seated in the jury box under subsection 23DZJ(3).

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Excusal when Subdivision DB applies

(3) Subsections (4) and (5) apply if Subdivision DB applies in relation

to the provision of a jury panel to the Court for the purposes of

indictable primary proceedings.

(4)

A potential juror (or an interested person on the potential juror's

behalf) may apply to the Sheriff for the potential juror to be

excused from serving on a jury at any time within the period:

(a) beginning when the State/Territory jury official provides the

jury panel to the Sheriff under section 23DU; and

(b) ending before the potential juror is seated in the jury box

under subsection 23DZJ(3).

Note:

See subsection 23DU(9) for when a jury panel is provided to the

Sheriff.

Grounds for excusal

(5) The Sheriff may excuse the potential juror if the Sheriff is satisfied

that there is good cause to excuse the potential juror because of:

(a)

the potential juror's health; or

(b) undue hardship, financial or otherwise, to the potential juror,

or to another person, if the potential juror is not excused; or

(c)

the potential juror's recent service on a jury in any

jurisdiction in Australia; or

(d) substantial inconvenience to the public resulting from the

potential juror serving on the jury; or

(e)

the potential juror's inability, in all the circumstances, to

perform the duties of a juror to a reasonable standard.

Note:

For paragraph (e), the Sheriff must have regard to the

Disability

Discrimination Act 1992

23DZE

Sheriff's power to excuse--

on own initiative

(1) At any time before a potential juror is seated in the jury box under

subsection 23DZJ(3), the Sheriff may excuse the potential juror

from serving on the jury if the Sheriff is satisfied that the potential

juror:

(a) is, in all the circumstances, unable to perform the duties of a

juror to a reasonable standard; or

(b) is otherwise not required for jury service.

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Note:

The Sheriff must have regard to the

Disability Discrimination Act

1992

(2) If the Sheriff becomes aware that a potential juror is not qualified

to serve as a juror, the Sheriff must excuse the potential juror from

serving on the jury.

Subdivision DD

Empanelling the jury

23DZF Simplified outline of this Subdivision

A jury is selected from potential jurors on a jury panel. A jury

panel may be supplemented with additional potential jurors in the

event the jury panel does not have enough potential jurors to

empanel a jury.

A potential juror on a jury panel will not become a juror if they are

excused from jury service by the Court, or if their inclusion on the

jury is successfully challenged.

A potential juror may also be asked to temporarily stand aside

during the selection of the jury.

23DZG Application of Subdivision

This Subdivision applies in relation to juries for indictable primary

proceedings.

23DZH Preparing to empanel the jury

(1) Before the selection of persons to be empanelled as the jury for a

trial, the Sheriff must:

(a) give the Court the list of potential jurors on the jury panel

that was:

(i) prepared under subsection 23DR(1); or

(ii) provided to the Sheriff under subsection 23DU(9), with

the details of any person the Sheriff has excused from

serving on the jury removed from the list; and

(b) facilitate the attendance in court of those potential jurors.

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(2) Before the selection of persons to be empanelled as the jury for the

trial, the Court must inform each party to the trial that:

(a) the potential jurors whose names and/or numbers are to be

called may become jurors for the trial; and

(b) if the party wishes to challenge any of them, the party must

make the challenge before the potential juror sits in the jury

box.

(3) Before the selection of persons to be empanelled as the jury for the

trial, the Court must:

(a) inform the potential jurors on the jury panel of the nature of

the trial in question, including the offences for which the

accused is being tried; and

(b) inform the potential jurors on the jury panel of the identities

of:

(i) the parties; and

(ii) to the extent known to the Court, the principal witnesses

to be called during the trial; and

excused if they consider that:

(i) they are not able to give impartial consideration to the

case; or

(ii) they should be excused for any other reason.

23DZJ Empanelling the jury

(1) The Court must ensure that an officer of the Court calls:

(a) the name; or

(b) if a direction of a kind referred to in paragraph 23EB(2)(a) is

in force

the number;

of a potential juror, selected at random, from the jury panel.

(2) If:

(a) 2 or more potential jurors have the same name; and

(b) their name is required to be called under subsection (1);

the officer of the Court must call their name and number.

(3)

If a potential juror's name and/or number is called, the potential

juror must sit in the jury box unless, before the potential juror can

do so, the potential juror is:

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(a) excused under this Subdivision

or Subdivision DC

from

serving on the jury; or

(b) stood aside under section 23DZQ; or

Note:

A potential juror is discharged under subsection 23EI(2) if the

potential juror's inclusion on the jury is successfully challenged (see

sections 23DZM to 23DZP).

(4) The officer of the Court must continue to call the names and/or

numbers of potential jurors, as provided under subsection (1), until

the required number of jurors under section 23EAB are seated in

the jury box.

(5) When the required number of jurors under section 23EAB are

seated in the jury box, those potential jurors must be sworn or

make an affirmation.

(6) When every potential juror seated in the jury box has been sworn,

or has made an affirmation, those potential jurors are taken to have

been empanelled as the jury for the trial.

23DZK

Court's power to excuse a person from serving on jury

(1) Before a potential juror sits in the jury box, the Court may:

(a) if the potential juror requests (including by giving a note to

the Judge); or

(b)

of the Court's own motion;

excuse the potential juror from serving on the jury if the Court is

satisfied that it is appropriate to do so in the circumstances.

(2) A potential juror who is not empanelled as one of the jurors for the

trial under section 23DZJ is taken to be excused by the Court from

serving on the jury at the earlier of:

(a) the closing of the session of court at which the jury delivers

its verdict on all counts or a judgment of acquittal under

subsection 23FH(2) is delivered; or

(b) the day after the end of the 3 month period starting on the day

on which a jury is first empanelled as the jury for the trial.

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23DZL Supplementary jurors

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

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:

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(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

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.

23DZM Challenges to potential jurors

general

(1) This section and sections 2

3DZN and 23DZP set out each party's

rights to challenge the inclusion of a potential juror in a jury.

(2) If a party wishes to challenge the inclusion of a potential juror in

the jury, the party must do so:

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(a)

after the potential juror's name and/or num

ber has been

called in accordance with section 23DZJ; and

(b) before the potential juror sits in the jury box.

(3) If:

(a) the inclusion of a potential juror on the jury is challenged;

and

(b) the challenge is upheld;

the potential juror must not be empanelled on the jury.

Note:

The potential juror is taken to be discharged (see subsection 23EI(2)).

23DZN Challenges for cause

(1) Each party to the indictable primary proceedings may exercise an

unlimited number of challenges for cause.

(2) A challenge to a potential juror for cause must be tried by a Judge

before whom the jury is being empanelled.

23DZP Peremptory challenges

The accused is entitled to:

(a) 4 peremptory challenges; and

(b) an additional peremptory challenge if more than 12 jurors are

to be empanelled for the indictable primary proceedings.

Note:

If more than one accused is being tried (see sections 23BB and 23BD),

then each accused is entitled to this number of challenges.

23DZQ Prosecutor may request that potential jurors be stood aside

(1)

This section sets out the prosecutor's right to request that a

potential juror be stood aside.

(2) If:

(a)

a potential juror's name and/or number is called in

accordance with section 23DZJ; and

(b) before the potential juror sits in the jury box, the prosecutor

requests the Court to order the potential juror to stand aside;

the Court must order the potential juror to stand aside until all other

potential jurors on the jury panel have been called for a first time.

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(3) If:

(a) all potential jurors on the jury panel have been called for a

first time; and

(b) there is fewer than the required number of jurors under

section 23EAB seated in the jury box;

any potential juror who has been ordered to stand aside is eligible

to have their name and/or number called a second time in

accordance with section 23DZJ.

Note:

Subsection 23DZJ(1) requires potential jurors to be selected at

random.

(4) If a potential juror has their name and/or number called for a

second time in accordance with subsection (3) the prosecutor may

not request that the potential juror be stood aside.

Note:

The prosecutor may still challenge the potential juror's inclusion in

the jury (see section 23DZN).

(5) The prosecutor is entitled to:

(a) 4 requests under subsection (2); and

(b) an additional request under subsection (2) if more than 12

jurors are to be empanelled for the proceedings.

7 Before section 23EA

Insert:

23EAA Jury districts and rolls

Jury districts

(1) The Sheriff may, in writing, determine that the electoral Divisions

specified in the determination constitute a

jury district

for a

particular State or Territory.

Note:

Jury districts determined under this subsection are relevant for the

provision of jury panels under Subdivision DA (see section 23DH).

(2) There may be more than one jury district for a State or Territory.

(3) A determination made under subsection (1) is not a legislative

instrument.

Schedule 2

Federal Court juries

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Jury rolls

(4) The Sheriff may prepare a written

jury roll

for a jury district

composed of the Rolls (as on the day the Sheriff begins the

preparation) for each electoral Division that forms part of the jury

district.

Note:

Jury rolls prepared under this subsection are relevant for the provision

of jury panels under Subdivision DA (see section 23DJ).

(5) A jury roll prepared under subsection (4) is not a legislative

instrument.

23EAB Number of jurors on jury

(1) The number of jurors on a jury is:

(a) 12; or

(b) such larger number (not exceeding 15) as the Court orders.

(2) An order under paragraph (1)(b) must be made before the jury is

empanelled under section 23DZJ for the indictable primary

proceedings.

23EAC Continuation of the trial with a reduced jury

(1) Subject to subsection (3), if a juror is discharged during a trial, the

Court may direct that the trial continue with the remaining jurors.

(2) If the Court gives a direction under subsection (1) after the jury has

retired to consider its verdict on a count in the indictment, the

verdict of the remaining jurors has the same effect as if it were the

verdict of all the persons who were jurors when the jury retired to

consider its verdict.

Note:

There must not be more than 12 jurors when the jury retires to

consider its verdict (see section 23EAD).

(3) A trial must not continue with fewer than 10 jurors.

23EAD Ballot to reduce additional jurors

If, before the jury is asked to retire to consider its verdict on a

count in the indictment, there are more than 12 jurors, a ballot must

be conducted to select at random 11 of the jurors who, together

with the jury foreperson, will consider the verdict.

Federal Court juries

Schedule 2

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Note 1:

This means the jury foreperson is excluded from the ballot. For the

appointment of the jury foreperson, see section 23EA.

Note 2:

The jurors not selected in the ballot are discharged at the end of the

conduct of the ballot (see section 23EJ).

8 Paragraph 23EB(2)(a)

Omit "

subsection 2

3DU(1)", substitute "

subsection 2

3DZJ(1)".

9 Paragraph 23EH(a)

Omit "

section 2

3DP", substitute "

subsection 23DQ(1), 23DU(3) or

23DZL(4)".

10 Subsection 23EI(1)

Omit "under Subdivision D".

11 Subsection 23EJ(1)

Omit "

section 2

3DE", substitute "

section 2

3EAD".

12 Subsection 23EL(5)

Omit "

subsection 2

3DD(3)", substitute "

subsection 2

3EAC(3)"

13 Paragraph 23EM(2)(a)

Omit "

section 2

3DU", substitute "

section 2

3DZJ".

14 Subsection 23EM(3)

Omit "

section 2

3DU", substitute "

section 2

3DZJ".

15 Paragraph 23EM(3)(a)

Omit "

section 2

3DU", substitute "

section 2

3DZJ".

16 Subsection 23EM(3) (note)

Omit

section 2

3DN", substitute "

section 2

3DK".

17 Subsection 23EM(4) (note 1)

Omit "Note 1", substitute "Note".

18 Subsection 23EM(4) (note 2)

Repeal the note.

Schedule 2

Federal Court juries

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

19 Paragraph 23EM(5)(b)

Omit "

section 2

3DT", substitute "

section 2

3DZH".

20 Subparagraph 58AA(1)(a)(i)

Repeal the subparagraph, substitute:

(i) subsection 23DQ(1), 23DU(3) or 23DZL(4); or.

21 Paragraph 58AE(1)(a)

Omit "

subsection 2

3DN(2)", substitute "

subsection 2

3DK(2)".

22 Subparagraphs 58AE(1)(b)(i) and (ii)

Omit "

subsection 2

3DN(3)", substitute "

subsection 2

3DK(3)".

23 Application and saving provisions

(1)

The amendments made by this Schedule apply in relation to directions

given under subsection 23DC(1) of the

Federal Court of Australia Act

1976

on or after the commencement of this item.

(2)

Division 1A of Part III of the

Federal Court of Australia Act 1976

, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to a direction given

under subsection 23DK(1) of that Act before that commencement.

(3)

A determination in force under subsection 23DF(1) of the

Federal

Court of Australia Act 1976

immediately before the commencement of

this item has effect on and after that commencement as if it were a

determination in force under subsection 23EAA(1) of that Act.

(4)

A jury roll prepared under subsection 23DG(1) of the

Federal Court of

Australia Act 1976

and that was in effect immediately before the

commencement of this item has effect on and after that commencement

as if it were a jury roll prepared under subsection 23EAA(4) of that Act.

Amendment of the Marriage Act 1961

Schedule 3

Deputy Registrars of Marriage Celebrants

Part 1

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Schedule

3--Amendment of the Marriage Act

1961

Part

1--Deputy Registrars of Marriage Celebrants

Marriage Act 1961

1 Subsection 5(1)

Insert:

Deputy Registrar of Marriage Celebrants

means an APS

employee who occupies a position in the Department as referred to

in subsection 39AA(1).

Registrar

, in Subdivisions C, D and E of Division 1 of Part IV,

means the Registrar of Marriage Celebrants (see section 39A).

Registrar of Marriage Celebrants

: see subsection 39A(2).

2 At the end of section 39A

Add:

Delegation

(4) The Registrar of Marriage Celebrants may, in writing, delegate to a

Deputy Registrar of Marriage Celebrants any of the functions or

powers conferred on the Registrar of Marriage Celebrants by or

under this Act, other than:

(a) a function or power under a provision of the Act referred to

in the table in subsection (5); or

(b) a function or power prescribed by regulations made for the

purposes of this paragraph.

Note:

See sections 34AA, 34AB and 34A of the

Acts Interpretation Act

1901

in relation to delegations.

(5) The following table sets out the functions and powers of the

Registrar of Marriage Celebrants under this Act that must not be

delegated to a Deputy Registrar of Marriage Celebrants.

Schedule 3

Amendment of the Marriage Act 1961

Part 1

Deputy Registrars of Marriage Celebrants

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Functions and powers under this Act that must not be delegated

Item

Function or power

Provision

To determine the number and basis of

positions of Deputy Registrar of Marriage

Celebrants

Subsection 39AA(1)

To determine the qualifications, and/or skills

that a person must have to be registered as a

marriage celebrant

Paragraph 39C(1)(b)

To approve the form of a notice that a person

wishes to be identified as a religious marriage

celebrant on the register of marriage

celebrants

Subsection 39DB(2)

To require professional development activities Paragraph 39G(1)(b)

To take disciplinary measures against a

marriage celebrant

Section 39I

To establish complaints resolution procedures

to resolve complaints about the solemnisation

of marriages by marriage celebrants

Paragraph 39K(c)

3 After section 39A

Insert:

39AA Deputy Registrars of Marriage Celebrants

(1) There are to be such number of positions of Deputy Registrar of

Marriage Celebrants occupied (on an acting, permanent, full-time

or part-time basis) by APS employees in the Department as the

Registrar of Marriage Celebrants from time to time determines.

(2) A Deputy Registrar of Marriage Celebrants may perform a

function, or exercise a power, that has been delegated to the

Deputy Registrar by the Registrar of Marriage Celebrants under

subsection 39A(4).

4 Section 39L

Omit "The Registrar of Marriage Celebrants is not liable", substitute

"Neither the Registrar of Marriage Celebrants, nor a Deputy Registrar

of Ma

rriage Celebrants, is liable".

Amendment of the Marriage Act 1961

Schedule 3

Timeframes for considering application for registration as authorised celebrant

Part 2

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Part

2--Timeframes for considering application for

registration as authorised celebrant

Marriage Act 1961

5 Subsection 34(5)

Omit "3 months", substitute "6 months".

6 After subsection 39D(3)

Insert:

Requests for additional information

(3A) The Registrar may, by written notice, request:

(a) a person (an

applicant

) who has made an application (see

subsection (1A)); or

(b)

with the applicant's consent, any other person or body who

the Registrar considers may have information relevant to the

application or the applicant;

to give additional information to the Registrar, within a reasonable

period specified in the notice, to assist the Registrar to decide

whether to register the applicant as a marriage celebrant.

(3B) If the Registrar gives a notice to an applicant or another person or

body requesting additional information under subsection (3A), the

Registrar is not required to consider the applicant's application

while the Registrar is waiting for the information to be given.

(3C) If the Registrar gives a notice to an applicant requesting additional

information under subsection

(3A), the applicant's application is

taken to have been withdrawn at the end of the period specified in

the notice if the additional information is not given to the Registrar

within:

(a) the specified period; or

(b) if the Registrar allows a longer period by written notice given

to the applicant

that longer period.

7 Before subsection 39D(4)

Insert:

Schedule 3

Amendment of the Marriage Act 1961

Part 2

Timeframes for considering application for registration as authorised celebrant

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Decision on application

8 Paragraph 39J(2)(b)

Omit

"3 months", substitute "6 months".

9 Subsection 39J(2)

Omit "3 month", substitute "6 month".

10 Paragraph 39J(2A)(b)

Omit "3 months", substitute "6 months".

11 Subsection 39J(2A)

Omit "3 month", substitute "6 month".

12 Application of amendments

(1)

The amendment of subsection 34(5) of the

Marriage Act 1961

made by

item 5 applies in relation to an application for registration under

Subdivision A of Division 1 of Part IV of that Act that is received after

the commencement of this Part.

(2)

The amendments of the

Marriage Act 1961

made by items 6 to 11 apply

in relation to an application for registration as a marriage celebrant that

is received after the commencement of this Part.

Amendment of the Marriage Act 1961

Schedule 3

Refund of registration application fee

Part 3

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Part

3--Refund of registration application fee

Marriage Act 1961

13 After subsection 39D(1E)

Insert:

Refund of registration application fee

(1F) The Registrar may refund the whole or a part of a registration

application fee that was paid in respect of an application by a

person to be registered as a marriage celebrant if:

(a) the Registrar is not satisfied that the person meets the

requirement referred to in paragraph 39C(1)(b) (required

qualifications or skills); or

(b) the person has been granted an exemption from liability to

pay the registration application fee; or

purposes of this paragraph exist.

(1G) The Registrar may refund the whole or a part of a registration

application fee under subsection (1F):

(a) on the initiative of the Registrar; or

(b) on application by the person who made the application to be

registered as a marriage celebrant.

14 Application of amendments

The amendment of the

Marriage Act 1961

made by this Part applies in

relation to a registration application fee that was paid in respect of an

application for registration as a marriage celebrant that is received after

the commencement of this Part.

Schedule 3

Amendment of the Marriage Act 1961

Part 4

Celebrant to be physically present at marriage

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part

4--Celebrant to be physically present at

marriage

Marriage Act 1961

15 Paragraph 5(2)(a)

Before "presence" (wherever occurring), insert "physical".

16 Subsection 13(1)

Omit "or in whose presence".

17 Subsection 21(2)

Omit "or in whose presence".

18 Section 41

Omit "by or in the presence of an authorised celebrant who is authorised

to solemnise marriages at the place where the marriage ta

kes place",

substitute "by an authorised celebrant who is physically present at the

place where the marriage takes place and is authorised to solemnise

marriages at that place".

19 Subsections 45(1), (2) and (3)

Omit "or in the presence of".

20 Subsection 46(1)

Omit "or in the presence of".

21 Subsection 71(1)

Omit "by or in the presence of an authorised celebrant", substitute "by

an authorised celebrant who is physically present at the place where the

marriage takes place and is authorised to solemnise marriages at that

place".

22 Paragraph 72(1)(a)

Before "presence", insert "physical".

Amendment of the Marriage Act 1961

Schedule 3

Celebrant to be physically present at marriage

Part 4

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

23 Subsection 72(2)

Before "presence", insert "physical".

24 Subsection 80(8)

Omit ", or in whose presence,".

25 Subsection 112(1)

Omit "or in whose presence".

26 Subsection 113(3)

Omit ", or in whose presence,".

27 Subsection 113(4)

Omit "or in whose presence".

28 Paragraph 113(5)(a)

Omit "or in whose presence".

29 Subsection 113(6)

Omit ", or in whose presence,".

Schedule 3

Amendment of the Marriage Act 1961

Part 5

Identity requirements

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part

5--Identity requirements

Marriage Act 1961

30 Subparagraph 42(1)(b)(ii)

Repeal the subparagraph.

31 Subparagraph 42(1)(b)(iv)

Omit "party; and", substitute "party; or".

32 At the end of paragraph 42(1)(b)

Add:

(v) if it is impracticable for the party to obtain a certificate

or official extract referred to in subparagraph (i) and the

party does not have a current passport referred to in

subparagraph (iii) or (iv)

a statutory declaration made

by the party or a parent of the party stating that, for

reasons specified in the declaration, it is impracticable

to obtain a certificate or official extract referred to in

subparagraph (i) and stating, to the best of the

declarant's knowledge and belief and as accurately as

the declarant has been able to ascertain, when and where

the party was born; and

33 Application of amendments

The amendments of section 42 of the

Marriage Act 1961

made by this

Part apply in relation to a notice that is given under that section after the

commencement of this Part.

Amendment of the Marriage Act 1961

Schedule 3

Notice of intended marriage and consent

Part 6

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Part

6--Notice of intended marriage and consent

Marriage Act 1961

34 Paragraph 42(1)(c)

Omit "before that authorised celebrant", substitute "in the physical

presence of that authorised celebrant".

35 Paragraph 42(2)(c)

Omit "in the presence of", substitute "under the observation (whether or

not by means of a facility that enables audio and visual communication

between persons in different places) of one of the following, who must

also be in Australia".

36 Subparagraphs 42(2)(c)(i) to (iii)

Omit "or".

37 Subparagraph 42(2)(c)(iv)

Omit "or" (second occurri

ng).

38 Subparagraph 42(2)(c)(v)

Omit "or".

39 Paragraph 42(2)(d)

Omit "in the presence of", substitute "under the observation (whether or

not by means of a facility that enables audio and visual communication

between persons in different places) of one of the following, who must

also be outside Australia".

40 Subparagraphs 42(2)(d)(i) to (iv)

Omit "or".

41 Subsection 42(3)

Omit "in the presence of an authorised celebrant", substitute "under the

observation (whether or not by means of a facility that enables audio

and visual communication between persons in different places) of an

authorised celebrant in Australia".

Schedule 3

Amendment of the Marriage Act 1961

Part 6

Notice of intended marriage and consent

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

42 Subsection 42(6)

Repeal the subsection, substitute:

(6) If:

(a) a notice of intention to marry has been given to an authorised

celebrant under this section; and

(b) either:

(i) because of the death, absence or illness of the authorised

celebrant, or for any other reason, it is impracticable for

that person to solemnise the marriage; or

(ii) the parties to the intended marriage have requested the

authorised celebrant to give the notice to another

authorised celebrant;

the marriage may be solemnised by another authorised celebrant

who has possession of the notice.

43 Subsection 42(9)

Repeal the subsection, substitute:

(9) An authorised celebrant:

(a) may permit an error in a notice under this section to be

corrected by either of the parties:

(i) under the observation (whether or not by means of a

facility that enables audio and visual communication

between persons in different places) of the authorised

celebrant, if the authorised celebrant is in Australia; and

(ii) at any time before the marriage to which it relates has

been solemnised; and

(b) may treat the corrected notice as having been originally given

in its corrected form.

44 After section 42A

Insert:

42B Authorised celebrant must physically meet each party to

intended marriage separately

An authorised celebrant must not solemnise a marriage unless the

authorised celebrant has met separately with each party before the

Amendment of the Marriage Act 1961

Schedule 3

Notice of intended marriage and consent

Part 6

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

intended marriage. The authorised celebrant and the party must be

physically present at the meeting.

45 Application of amendments

(1)

The amendments of section 42 of the

Marriage Act 1961

made by

items 34 to 41 and 43 apply in relation to a notice that is given under

that section after the commencement of this Part.

(2)

The amendments of the

Marriage Act 1961

made by items 42 and 44

apply in relation to a marriage that is solemnised, or intended to be

solemnised, after the commencement of this Part.

Schedule 3

Amendment of the Marriage Act 1961

Part 7

Single registration as authorised celebrant

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part

7--Single registration as authorised celebrant

Marriage Act 1961

46 At the end of paragraphs 29(a) and (b)

Add "and".

47 At the end of section 29

Add:

; and (e) the person is not already registered as a marriage celebrant

under Subdivision C of this Division; and

(f) the person is not authorised to solemnise marriages in a State

or Territory under Subdivision B of this Division.

48 Subsection 31(1)

Omit "(1)".

49 At the end of paragraph 31(1)(a)

Add "or".

50 Subsection 39(2)

After "writing", insert "and subject to subsection

(2A)".

51 After subsection 39(2)

Insert:

(2A) The Minister must not, under subsection (2), authorise an officer of

a State or Territory to solemnise marriages if the officer:

(a) is registered as a marriage celebrant under Subdivision C of

this Division; or

(a) is a minister of religion who is registered under Subdivision

A of this Division.

52 Subsection 39A(5) (after table item 5)

Insert:

To remove the name of a person from the

Paragraph 39K(aa)

Amendment of the Marriage Act 1961

Schedule 3

Single registration as authorised celebrant

Part 7

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

53 At the end of subsection 39C(1)

Add:

; and (d) is not a minister of religion who is already registered under

Subdivision A of this Division; and

(e) is not authorised to solemnise marriages in a State or

Territory under Subdivision B of this Division.

54 After paragraph 39K(a)

Insert:

(aa) remove the name of a person from the register of marriage

celebrants in accordance with regulations made for the

purposes of this paragraph; and

55 Application of amendments

(1)

The amendments of section 29 of the

Marriage Act 1961

made by this

Part apply in relation to a person who applies to be registered under

Subdivision A of Division 1 of Part

IV of that Act if the person's

application is received after the commencement of this Part.

(2)

The amendments of subsection 39(2) of the

Marriage Act 1961

made by

this Part apply in relation to an instrument of authorisation that is made

under Subdivision B of Division 1 of Part IV of that Act after the

commencement of this Part.

(3)

The amendment of subsection 39C(1) of the

Marriage Act 1961

made

by this Part applies in relation to a person who applies to be registered

as a marriage celebrant under Subdivision C of Division 1 of Part IV of

that Act if the person's application is received after the commencem

ent

of this Part.

Schedule 4

Other amendments

Part 1

Arbitration

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Schedule

4--Other amendments

Part

1--Arbitration

Family Law Act 1975

1 Section 13G (heading)

Omit "

(Division 2)

2 Paragraph 13G(1)(a)

Omit "(Division

2)".

3 Subsection 13G(3)

Omit "(Division

2)".

4 Section 13J (heading)

Omit "

(Division 2)

5 Paragraph 13J(1)(a)

Omit "(Division

2)".

6 Subsection 13J(2)

Omit "(Division

2)" (wherever occurring).

7 Application of amendments

(1)

The amendments of section 13G of the

Family Law Act 1975

made by

this Part apply in relation to a referral made under that section on or

after the day this Part commences.

(2)

The amendments of section 13J of the

Family Law Act 1975

made by

this Part apply in relation to an application made under that section on

or after the day this Part commences.

Other amendments

Schedule 4

Assistance from Attorney-General

Part 2

No. , 2023

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

Part

2--Assistance from Attorney

General

Native Title Act 1993

8 Subsection 94P(1) (table item 3)

Repeal the item.

9 Section 213A

Repeal the section.

10 Application of amendments

(1)

Despite the repeal of item 3 of the table in subsection 94P(1) of the

Native Title Act 1993

by this Part, that item continues to apply, in

relation to parties provided with funds before the commencement of this

Part, as if that repeal had not happened.

(2)

If:

(a) a person has, before the commencement of this Part, made an

application for the provision of assistance under

section 213A of the

Native Title Act 1993

3; and

(b) the Attorney-General has not, before that time, made a

decision on the application;

the application is taken never to have been made.

Schedule 4

Other amendments

Part 3

Corrections

Attorney-

General's Portfolio Miscellaneous Measures Bill 2023

No. , 2023

Part

3--Corrections

Federal Circuit and Family Court of Australia Act 2021

11 Paragraph 76(4)(b)

Omit "284", substitute "285".

12 Subsection 174(1) (note)

Omit "284", substitute "285".

13 Paragraph 217(3)(b)

Omit "284", substitute "285".

Federal Court of Australia Act 1976

14 Subsection 23CD(2) (note)

Repeal the note.

15 Paragraph 58DB(2A)(a)

Omit "44ZZRF", substitute "45AF".

16 Paragraph 58DB(2A)(b)

Omit "44ZZRG", substitute "45AG".

Commonwealth of Australia Bills

ATTORNEY-GENERAL'S PORTFOLIO MISCELLANEOUS MEASURES BILL 2023

Document Outline