(4) Nothing in subsection (3) affects the operation of the Director of Public Prosecutions Act 1983.

Subject to subsection (2), jurisdiction is conferred on the Federal Court to hear and determine prosecutions for indictable offences against this Act.

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

Proceedings before the Federal Court under this section, other than proceedings instituted by:

(4) Nothing in subsection (3) affects the operation of the Director of Public Prosecutions Act 1983.

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

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:

(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:

Proceedings before the Federal Court under subsection (4) may only be instituted:

(6) Nothing in subsection (5) affects the operation of the Director of Public Prosecutions Act 1983.

(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.

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.

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.

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:

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.

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.

This section applies to a proceeding in a court if:

(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.

In considering whether to make an order under subsection (2), the first court must have regard to:

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

If an order is made under subsection (2):

Without limiting paragraph (5)(b), the second court may order that it proceed as if:

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).

Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

In this section:

This section applies if:

The laws to be applied under subsection 68(1) in relation to the proceedings are those referred to in the following table.

The laws of that State or Territory are taken:

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.

The laws of that State or Territory apply to the proceedings only to the extent to which they are:

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.

The Sheriff must comply with the direction.

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.

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.

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

(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 determination made under subsection (1) is not a legislative instrument.

The Sheriff must prepare a jury list for the indictable primary proceedings.

(2) The jury list consists of:

The persons to be included in the jury list are to be selected at random from the jury roll.

The number of persons to be selected is the number the Sheriff thinks is adequate to allow a jury to be empanelled.

If:

A jury list is not a legislative instrument.

The Sheriff may make such enquiries as the Sheriff thinks necessary to determine whether a person included on the jury list:

Without limiting subsection (1), the Sheriff may send a questionnaire to some or all of the persons included in the jury list.

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.

A failure by a person to comply with subsection (3) does not affect the retention of the person’s name on the jury list.

After preparing the jury list, the Sheriff may:

If the Sheriff makes a request under subsection (5), the Commissioner must give the information to the Sheriff.

The Sheriff may give the Court any information that the Commissioner gives the Sheriff under this section.

The Sheriff must not disclose information given to the Sheriff by the Commissioner under this section except:

A person is not qualified to serve as a juror in the indictable primary proceedings if:

(2) For the purposes of subsection (1), serving a term of imprisonment includes:

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.

A person is not qualified to serve as a juror in the indictable primary proceedings if the person is:

Subsection (1) has effect in addition to:

Subsection (1) applies whether the position the person holds is paid or not.

The Sheriff must issue summonses to a sufficient number of persons on the jury list to allow the empanelment of the jury.

The persons to be summonsed are to be selected at random from the jury list.

A summons to a person must be in the form, and be served, as provided for in the Rules of Court.

The Sheriff may withdraw a summons issued under this section.

The Sheriff must prepare a jury panel by listing the names, addresses and dates of birth of:

Only potential jurors who:

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 prepared.

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.

This Subdivision applies in relation to indictable primary proceedings if:

Without limiting paragraph (1)(b), an arrangement in force under section 23DZ may constitute consent for the purposes of that paragraph.

The Sheriff may, in writing, for the purposes of indictable primary proceedings under this Division, request a State/Territory jury official to:

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.

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

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.

The official may comply with the request under subsection (3) concurrently with any of the official’s powers, 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.

For the purposes of this section and subsections 23DZL(3) to (5), the laws in force in a State or Territory relating to:

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.

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 prepare a jury list or jury panel (however described), the request under subsection (1) is taken to satisfy that requirement.

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.

The list must include:

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.

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.

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:

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.

The laws are the laws in force in the State or Territory concerned, including laws that create offences, that:

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.

(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.

Subsection (1) applies despite any other provision of this Act or any other law of the Commonwealth, a State or a Territory.

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:

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

If the Court considers it appropriate to do so, the Court may pay a fee to a State or Territory if:

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.

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.

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:

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.

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.

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).

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.

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:

The Sheriff may excuse the potential juror if the Sheriff is satisfied that there is good cause to excuse the potential juror because of:

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:

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.

Before the selection of persons to be empanelled as the jury for a trial, the Sheriff must:

Before the selection of persons to be empanelled as the jury for the trial, the Court must inform each party to the trial that:

Before the selection of persons to be empanelled as the jury for the trial, the Court must:

The Court must ensure that an officer of the Court calls:

If:

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:

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.

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.

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.

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

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:

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:

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.

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:

If a request to issue summonses is made under subparagraph (3)(b)(i) of this section, the official:

The persons are persons:

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.

This section and sections 23DZN and 23DZP set out each party’s rights to challenge the inclusion of a potential juror in a jury.

If a party wishes to challenge the inclusion of a potential juror in the jury, the party must do so:

If:

Each party to the indictable primary proceedings may exercise an unlimited number of challenges for cause.

A challenge to a potential juror for cause must be tried by a Judge before whom the jury is being empanelled.

This section sets out the prosecutor’s right to request that a potential juror be stood aside.

If:

If:

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.

The prosecutor is entitled to:

(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.

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

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

(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.

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

The number of jurors on a jury is:

An order under paragraph (1)(b) must be made before the jury is empanelled under section 23DZJ for the indictable primary proceedings.

Subject to subsection (3), if a juror is discharged during a trial, the Court may direct that the trial continue with the remaining jurors.

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.

A trial must not continue with fewer than 10 jurors.

(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) 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.Division 1A of Part III of the

(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.

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:

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.

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.

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).

The Registrar may, by written notice, request:

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.

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:

(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.

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:

The Registrar may refund the whole or a part of a registration application fee under subsection (1F):

If:

An authorised celebrant:

(1) The amendments of 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.section 42 of the

(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.

The Minister must not, under subsection (2), authorise an officer of a State or Territory to solemnise marriages if the officer:

(1) The amendments of 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.section 29 of the

(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 commencement of this Part.

(1) The amendments of 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.section 13G of the

(2) The amendments of 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.section 13J of the

(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.

If: