Federal Register of Legislation - Australian Government

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Jury Exemption Regulations 1987

Authoritative Version
SR 1987 No. 186 Regulations as amended, taking into account amendments up to SLI 2005 No. 199
Principal Regulations; Repeals the former Jury Exemption Regulations
Administered by: Attorney-General's
Registered 05 Sep 2005
Start Date 03 Sep 2005
End Date 11 Apr 2013
Date of repeal 12 Feb 2019
Repealed by Jury Exemption Regulations 2019

Jury Exemption Regulations 1987

Statutory Rules 1987 No. 186 as amended

made under the

This compilation was prepared on 5 September 2005
taking into account amendments up to SLI 2005 No. 199

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra


Contents

                        1     Name of Regulations [see Note 1]                                     2

                        2     Commencement                                                              2

                        3     Interpretation                                                                   2

                        4     Exemption of certain Commonwealth employees                2

                        5     Exemptions relating to administration of justice                  3

                        6     Exemptions relating to public need                                    4

                        7     Exemptions relating to public administration                       4

                        8     Repeal                                                                            6

Notes                                                                                                            7

 

 


  

  

1              Name of Regulations [see Note 1]

                These Regulations are the Jury Exemption Regulations 1987.

2              Commencement

                These Regulations shall come into operation on 1 October 1987.

3              Interpretation

         (1)   In these Regulations, unless the contrary intention appears, the Act means the Jury Exemption Act 1965.

         (2)   For the purposes of these Regulations, each of the Territories is a specified Territory.

4              Exemption of certain Commonwealth employees

                A person holding, or for the time being performing the duties of, an employment as a Commonwealth employee in respect of which the rate of salary equals or exceeds the rate of salary for the time being payable to an officer of the Australian Public Service occupying an office classified as Senior Executive Band 3 is exempt from liability to serve as a juror:

                (a)    in Federal courts; and

               (b)    in the courts of a specified Territory; and

                (c)    in the courts of the States.

5              Exemptions relating to administration of justice

         (1)   A person to whom this regulation applies is exempt from liability to serve as a juror:

                (a)    in Federal courts; and

               (b)    in the courts of a specified Territory; and

                (c)    in the courts of the States.

         (2)   This regulation applies to the following persons:

                (a)    an officer or employee of:

                          (i)    a Department; or

                         (ii)    the Office of Parliamentary Counsel; or

                         (iii)    the Office of the Director of Public Prosecutions;

                        being an officer or employee whose duties involve the provision of legal professional services;

               (b)    an officer or employee of:

                          (i)    the High Court of Australia; or

                         (ii)    the Federal Court of Australia; or

                         (iii)    the Family Court of Australia; or

                        (iv)    the Federal Magistrates Court;

                (c)    a person employed as a chemist in the Australian Government Analytical Laboratories, being a person whose duties include appearing as an expert witness in court proceedings;

                (g)    a member within the meaning of the Australian Federal Police Act 1979 and a person employed under section 24 of that Act;

                (h)    the Chief Executive Officer within the meaning of the Australian Crime Commission Act 2002 and an examiner or a member of the staff of the Australian Crime Commission within the meaning of that Act;

                (j)    a person not otherwise referred to in this subregulation for the time being employed by:

                         (ii)    the Australian Police Staff College; or

                         (iii)    the National Police Research Unit;

               (k)    a member, or a member of the staff, of the Administrative Appeals Tribunal;

                 (l)    a member, or a member of the staff, of the National Native Title Tribunal;

               (m)    a staff member, within the meaning of the Australian Securities Commission Act 1989, being a staff member whose duties involve:

                          (i)    providing legal professional services; or

                         (ii)    investigating matters.

6              Exemptions relating to public need

         (1)   A person to whom this regulation applies is exempt from liability to serve as a juror:

                (a)    in Federal courts; and

               (b)    in the courts of a specified Territory; and

                (c)    in the courts of the States.

         (2)   This regulation applies to a veterinary officer or other person employed in the Department of Primary Industries and Energy whose duties relate to the planning, co-ordination and monitoring of measures to limit the importation of exotic diseases into, or outbreak of exotic diseases in, Australia.

7              Exemptions relating to public administration

         (1)   A person to whom this regulation applies is exempt from liability to serve as a juror:

                (a)    in Federal courts; and

               (b)    in the courts of a specified Territory; and

                (c)    in the courts of the States.

         (2)   This regulation applies to:

                (a)    the Official Secretary to the Governor-General; and

               (b)    a person performing duties as Secretary to:

                          (i)    a Royal Commission; or

                         (ii)    a Committee of Inquiry established under an Act; and

                (c)    a person holding, or for the time being performing the duties of, one of the following positions in relation to a Minister of State:

                          (i)    Principal Private Secretary;

                         (ii)    Principal Adviser;

                         (iii)    Senior Private Secretary;

                        (iv)    Senior Adviser;

                         (v)    Private Secretary;

                        (vi)    Adviser;

                        (vii)    Press Secretary; and

                (e)    the Industrial Registrar, and any Deputy Industrial Registrar, within the meaning of subsection 62 (2) of the Workplace Relations Act 1996; and

                (f)    a person holding, or for the time being performing the duties of, one of the following offices in the Department of the Senate:

                          (i)    Clerk of the Senate;

                         (ii)    Deputy Clerk of the Senate;

                         (iii)    Clerk-Assistant (Table);

                        (iv)    Clerk-Assistant (Procedure);

                         (v)    Clerk-Assistant (Management);

                        (vi)    Clerk-Assistant (Committees);

                        (vii)    Usher of the Black Rod;

                       (viii)    Principal Parliamentary Officer, Table Office;

                        (ix)    Secretary to a committee established by the Senate, or jointly by the Senate and the House of Representatives, including a committee established by an Act; and

                (g)    a person holding, or for the time being performing the duties of, one of the following offices in the Department of the House of Representatives:

                          (i)    Clerk of the House of Representatives;

                         (ii)    Deputy Clerk of the House of Representatives;

                         (iii)    First Clerk Assistant;

                        (iv)    Clerk Assistant (Procedure);

                         (v)    Assistant Secretary (Committees);

                        (vi)    Clerk Assistant (Table);

                        (vii)    Assistant Secretary (Corporate Services);

                       (viii)    Serjeant-at-Arms;

                        (ix)    Director (Programming), Table Office;

                         (x)    Director (Legislation and Records), Table Office;

                        (xi)    Secretary to a committee established by the House of Representatives, or jointly by the House of Representatives and the Senate, including a committee established by an Act; and

                (j)    a person holding, or for the time being performing the duties of, one of the following positions in the Department of Defence:

                          (i)    Deputy Director, Defence Signals Directorate;

                         (ii)    Director-General, Alliance Policy and Management;

                         (iii)    Deputy Chief of Facility, Joint Defence Facility, Pine Gap;

                        (iv)    Australian Chief of Security, Joint Defence Facility, Pine Gap;

                         (v)    Engineer Class 3, Joint Defence Facility, Pine Gap; and

               (k)    a person holding, or for the time being performing the duties of, the position of Parliamentary Liaison Officer in the Department of the Prime Minister and Cabinet.

8              Repeal

                Statutory Rules 1970 No. 131, 1971 No. 73 and 1972 No. 61 are repealed.


 

Notes to the Jury Exemption Regulations 1987

Note 1

The Jury Exemption Regulations 1987 (in force under the Jury Exemption Act 1965) as shown in this compilation comprise Statutory Rules 1987 No. 186 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1987 No. 186

18 Sept 1987

1 Oct 1987

 

1989 No. 185

6 July 1989

6 July 1989

1990 No. 205

4 July 1990

4 July 1990

1992 No. 123

14 May 1992

14 May 1992

as amended by

 

 

 

1992 No. 289

11 Sept 1992

11 Sept 1992

1997 No. 316

17 Nov 1997

17 Nov 1997

2002 No. 326

20 Dec 2002

1 Jan 2003 (see r. 2)

2004 No. 221

22 July 2004

22 July 2004

2005 No. 199

2 Sept 2005 (see F2005L02330)

3 Sept 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

rs. 2002 No. 326

R. 4.........................................

am. 1992 No. 123; 1997 No. 316

R. 5.........................................

am. 1992 No. 123 (as am. by 1992 No. 289); 1997 No. 316; 2002 No. 326; 2004 No. 221

R. 6.........................................

am. 1992 No. 123; 1997 No. 316

R. 7.........................................

am. 1989 No. 185; 1990 No. 205; 1992 No. 123; 1997 No.  316; 2005 No. 199