Sch 5Oath or affirmation of jurors separating during deliberations

Schedule 5—Oath or affirmation of jurors separating during deliberations Section 50(2) **Oaths by jurors** You (*and, if more than one person takes the oath, each of you*) swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by his or her religion*) that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations. **Affirmations by jurors** You (*and, if more than one person affirms, each of you*) solemnly and sincerely declare and affirm that you will not discuss with any person other than another member of this jury any matter relating directly or indirectly to the evidence in this trial or the deliberations. Schedule 6—Saving and transitional provisions 1 Application of Acts (1) This Act applies to a trial in which a jury is empanelled after the commencement of section 92, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose. (2) The **Juries Act 1967** as in force immediately before the commencement of section 92 of this Act continues to apply to a trial in which a jury was empanelled before that commencement. 2 Jury lists under the Juries Act 1967 The last jury list prepared for a jury district under section 8 of the **Juries Act 1967** immediately before the commencement of section 19 of this Act is, on that commencement, deemed to be the first jury roll prepared for the corresponding jury district under section 19 of this Act. 3 Questionnaires issued under the Juries Act 1967 A questionnaire issued under section 10 of the **Juries Act 1967** is, on the commencement of section 20 of this Act, deemed to be a questionnaire issued under section 20 of this Act. 4 Panels under the Juries Act 1967 A panel prepared under section 20 of the **Juries Act 1967** is, on the commencement of section 25 of this Act, deemed to be a jury list prepared under section 25 of this Act. 5 Summonses issued under the Juries Act 1967 A summons to serve as a juror issued under section 23 of the **Juries Act 1967** returnable on a date after the commencement of section 27 of this Act is, on that commencement, deemed to be a summons issued under section 27 of this Act. 6 Disqualification and ineligibility criteria under this Act apply to persons summoned before or after commencement of this Act (1) Schedule 1 applies to persons summoned for jury service, whether the summons was issued before or after the commencement of section 92. (2) Schedule 2 applies to persons summoned for jury service, whether the summons was issued before or after the commencement of section 92. 7 Certificate of exemption issued under the Juries Act 1967 A certificate of exemption issued under the **Juries Act 1967** continues to have the same effect as it would have had if that Act had not been repealed. 8 Deferrals of and excuses from jury service (1) A deferral of excusal from service as a juror under the **Juries Act 1967** continues to have the same effect as it would have had if that Act had not been repealed. (2) A person referred to in Schedule 4 to the **Juries Act 1967** is not entitled to be excused from jury service as of right under this Act. 9 Certain persons continue to be bound by secrecy provisions A person who would, but for the repeal of the **Juries Act 1967**, be subject to section 21(2) of that Act is, on the commencement of section 92 of this Act, a person bound by section 65 of this Act in respect of the performance of functions or exercise of powers by that person under that Act. 10 Compensation for personal injuries Part VII of the **Juries Act 1967**, as in force immediately before the commencement of section 92 of this Act, continues to apply on and after that commencement in respect of a personal injury arising out of or in the course of jury service before that date. Sch. 6 cl. 11 inserted by No. 61/2001 s. 15(2). 11 Unanimous verdicts The amendment made to section 46 by the **Drugs, Poisons and Controlled Substances (Amendment) Act 2001** applies to criminal trials that commence on or after the commencement of that Act, irrespective of when the offence was committed. Sch. 6 cl. 12 inserted by No. 43/2002 s. 11. 12 Persons disqualified from serving as jurors The amendments to Schedule 1 made by section 9 of the **Juries (Amendment) Act 2002** applies only to juries empanelled on or after the commencement of section 9 of that Act. Sch. 6 cl. 13 inserted by No. 43/2002 s. 11. 13 Persons ineligible to serve as jurors The amendments to Schedule 2 made by section 10 of the **Juries (Amendment) Act 2002** applies only to juries empanelled on or after the commencement of section 10 of that Act. Sch. 6 cl. 14 inserted by No. 79/2006 s. 31. 14 Justice Legislation (Further Amendment) Act 2006 An amendment made to this Act by a provision of Part 12 of the **Justice Legislation (Further Amendment) Act 2006** applies only to juries commenced to be empanelled on or after the commencement of that provision. Sch. 6 cl. 15 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 33.4). 15 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 An amendment made to this Act by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009** applies only to juries empanelled on or after the commencement of that Act. Sch. 6 cl. 16 inserted by No. 79/2014 s. 51. 16 Justice Legislation Amendment (Confiscation and Other Matters) Act 2014 The amendment made to section 38 by section 50 of the **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014** applies only in relation to a panel selected or allocated on or after the commencement of section 50 of that Act. Sch. 6 cl. 17 inserted by No. 37/2017 s. 23. 17 Jury Directions and Other Acts Amendment Act 2017 (1) The amendments made to section 39 by section 21 of the **Jury Directions and Other Acts Amendment Act 2017** apply only in relation to a criminal trial that commences on or after the day on which section 21 of that Act comes into operation. (2) The amendments made to section 46 by section 22 of the **Jury Directions and Other Acts Amendment Act 2017** apply only in relation to a criminal trial that commences on or after the day on which section 22 of that Act comes into operation. Sch. 6 cl. 18 inserted by No. 38/2017 s. 14. 18 Transitional provision—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 This Act as amended by Part 2 of the **Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017** applies to a trial in which a jury is empanelled after the commencement of that Part, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose. Sch. 6 cl. 19 inserted by No. 11/2021 s. 120. 19 Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 This Act as amended by Part 17 of the **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021** applies to a trial in which a jury is empanelled after the commencement of that Part, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 16 December 1999* *Legislative Council: 22 March 2000* The long title for the Bill for this Act was "to re-enact with amendments the law relating to juries, to repeal the **Juries Act 1967** and for other purposes." The **Juries Act 2000** was assented to on 12 September 2000 and came into operation as follows: Sections 1, 2 and 91 on 13 September 2000: section 2(1); rest of Act on 1 August 2001: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Juries Act 2000** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Juries Act 2000, No. 53/2000** | Assent Date: | 12.9.00 | | Commencement Date: | S. 101(2) inserted on 4.11.21 by No. 47/2021 s. 30D; s. 101(1) on 26.10.22: s. 101(1); s. 100(4) inserted on 26.4.21 by No. 11/2021 s. 119: s. 2(2) | | Note: | S. 101(2) repealed s. 101 on 27.10.22; s. 100(4) repealed s. 100 on 26.4.23 | **Courts and Tribunals Legislation (Miscellaneous Amendments) Act, No. 78/2000** | Assent Date: | 28.11.00 | | Commencement Date: | S. 12 on 28.11.00: s. 2(1) | **Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001** | Assent Date: | 23.10.01 | | Commencement Date: | S. 15 on 1.1.02: s. 2(2) | **Electoral Act 2002, No. 23/2002** | Assent Date: | 12.6.02 | | Commencement Date: | S. 195 on 1.9.02: Government Gazette 29.8.02 p. 2333 | **Juries (Amendment) Act 2002, No. 43/2002** | Assent Date: | 15.10.02 | | Commencement Date: | S. 5(2) on 16.10.02: s. 2(2); ss 3, 4, 5(1), 6–11 on 1.11.02: s. 2(4) | **Major Crime (Special Investigations Monitor) Act 2004, No. 62/2004** | Assent Date: | 12.10.04 | | Commencement Date: | S. 18 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2 | **Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004** | Assent Date: | 12.10.04 | | Commencement Date: | S. 29 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1 | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 108) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 54) on 12.12.05: Government Gazette 1.12.05 p. 2781 | **Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005** | Assent Date: | 11.10.05 | | Commencement Date: | S. 29 on 1.10.06: s. 2(3) | **Health Professions Registration Act 2005, No. 97/2005** | Assent Date: | 7.12.05 | | Commencement Date: | S. 182(Sch. 4 item 31) on 1.7.07: s. 2(3) | **Disability Act 2006, No. 23/2006** | Assent Date: | 16.5.06 | | Commencement Date: | S. 244 on 1.7.07: s. 2(3) | **Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006** | Assent Date: | 15.8.06 | | Commencement Date: | S. 42(Sch. item 20) on 23.4.07: s. 2(3) | **Justice Legislation (Further Amendment) Act 2006, No. 79/2006** | Assent Date: | 10.10.06 | | Commencement Date: | Ss 27–31 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 | | Current State: | This information relates only to the provisions amending the **Juries Act 2000** | **Statute Law Revision Act 2007, No. 28/2007** | Assent Date: | 26.6.07 | | Commencement Date: | S. 3(Sch. item 35) on 27.6.07: s. 2(1) | **Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008** | Assent Date: | 26.8.08 | | Commencement Date: | Ss 4, 6, 7 on 27.8.08: s. 2(1); s. 5 on 1.1.09: s. 2(4) | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 73) on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 1 item 33), (Sch. Pt 2 item 30) on 1.1.10: s. 2(2) | **Accident Compensation Amendment Act 2010, No. 9/2010** (as amended by No. 80/2010) | Assent Date: | 23.3.10 | | Commencement Date: | S. 138 on 1.7.10: s. 2(8) | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 32) on 1.7.10: s. 2(2) | **Health and Human Services Legislation Amendment Act 2010, No. 29/2010** | Assent Date: | 8.6.10 | | Commencement Date: | S. 62 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 | **Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011** | Assent Date: | 22.11.11 | | Commencement Date: | S. 107(Sch. item 7) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 | **Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011** | Assent Date: | 29.11.11 | | Commencement Date: | S. 41 on 1.7.12: s. 2(2) | **Victorian Inspectorate Act 2011, No. 70/2011** | Assent Date: | 29.11.11 | | Commencement Date: | S. 45 on 1.7.12: s. 2(2) | **Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012** | Assent Date: | 29.5.12 | | Commencement Date: | Ss 19–21 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 | **Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012** | Assent Date: | 18.12.12 | | Commencement Date: | S. 292 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 | **Jury Directions Act 2013, No. 12/2013** | Assent Date: | 13.3.13 | | Commencement Date: | S. 33 on 1.7.13: s. 2(2) | **Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013** | Assent Date: | 12.11.13 | | Commencement Date: | S. 649(Sch. 9 item 20) on 1.7.14: s. 2(1) | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | *Assent Date:* | 25.3.14 | | *Commencement Date:* | S. 160(Sch. 2 item 53) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | **Mental Health Act 2014, No. 26/2014** | *Assent Date:* | 8.4.14 | | *Commencement Date:* | S. 455(Sch. item 17) on 1.7.14: s. 2(1) | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 91) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | **Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014** | *Assent Date:* | 26.8.14 | | *Commencement Date:* | S. 148 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 | **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014** | *Assent Date:* | 21.10.14 | | *Commencement Date:* | Ss 50, 51 on 22.10.14: s. 2(1) | **Jury Directions and Other Acts Amendment Act 2017, No. 37/2017** | *Assent Date:* | 29.8.17 | | *Commencement Date:* | Ss 21, 23 on 30.8.17: s. 2(1); s. 22 on 1.10.17: s. 2(3) | **Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017** | *Assent Date:* | 29.8.17 | | *Commencement Date:* | Ss 3–14 on 2.1.18: Special Gazette (No. 416) 5.12.17 p. 1 | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 74) on 1.3.19: s. 2(2) | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 24) on 1.3.20: s. 2(2) | **Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021** | Assent Date: | 23.2.21 | | Commencement Date: | Ss 48–50 on 1.7.21: Special Gazette (No. 293) 16.6.21 p. 1 | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | Assent Date: | 23.3.21 | | Commencement Date: | Ss 111–120 on 26.4.21: s. 2(2) | **Terrorism (Community Protection) Amendment Act 2021, No. 47/2021** | Assent Date: | 3.11.21 | | Commencement Date: | Ss 30A–30D on 4.11.21: s. 2(1) | **Mental Health and Wellbeing Act 2022, No. 39/2022** | Assent Date: | 6.9.22 | | Commencement Date: | S. 842 on 1.9.23: s. 2(2) | **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024** | Assent Date: | 10.9.24 | | Commencement Date: | S. 113(Sch. 1 item 19) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 | ––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.