58ALDisclosing information about a jury

#### 58AL Disclosing information about a jury (1) A person commits an offence if: (a) the person is a juror or former juror; and (b) the person discloses information to another person (the second person); and (c) one of the following subparagraphs applies: (i) the information identifies a person as a juror or former juror; (ii) the second person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the second person; (iii) the information relates to the deliberations of the jury. Penalty: 60 penalty units. (2) A person commits an offence if: (a) the person is a juror or former juror; and (b) the person discloses information to another person (the second person); and (c) one of the following subparagraphs applies: (i) the information identifies a person as a juror or former juror; (ii) the second person could reasonably be expected to identify a person as a juror or former juror either on the basis of the information or on the basis of the information in conjunction with other information available to the second person; (iii) the information relates to the deliberations of the jury; and (d) the first‑mentioned person: (i) asks for a benefit for himself, herself or another person; or (ii) receives or obtains a benefit for himself, herself or another person; or (iii) agrees to receive or obtain a benefit for himself, herself or another person; in relation to the disclosure. Penalty: Imprisonment for 6 months. (3) Subsections (1) and (2) do not apply if: (a) the disclosure was to a Judge or officer of the Court because of a suspicion that a juror or former juror is or was biased in relation to the performance of that other juror’s, or former juror’s, duties as a juror; or (b) the disclosure was to an investigating official because of a suspicion that a juror or former juror committed: (i) fraud; or (ii) another offence against a law of the Commonwealth or a State or Territory; in relation to the performance of that other juror’s, or former juror’s, duties as a juror; or (c) the disclosure was made in accordance with the performance of a function under this Act; or (d) the disclosure was made in accordance with an authority granted by the Attorney‑General for the conduct of a research project into matters relating to juries or jurors; or (e) the disclosure was made by a former juror to a health professional who is treating the former juror in relation to issues arising out of the former juror’s service on the jury. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3)—see subsection 13.3(3) of the Criminal Code. Interpretation (4) An expression used in subsection (2) that is also used in Chapter 7 of the Criminal Code has the same meaning in that subsection as it has in that Chapter. (5) In this section: > investigating official means any of the following: (a) the Attorney‑General; (b) the Director of Public Prosecutions; (c) a member of the Australian Federal Police or of the police force or police service of a State or Territory; (d) a Judge or officer of the Court.