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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 23 July 2009

Defamation Act 2009 (No. 31)

Comparing proposed amendment...
Introductory Text
Acts Referred to
Part 1 Preliminary and General (ss. 1-5)
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1. Short title and commencement.
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2. Definitions.
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3. Saver.
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4. Repeal.
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5. Review of operation of Act.
Part 2 Defamation (ss. 6-14)
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6. Defamation.
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7. Amendment of certain enactments.
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8. Verifying affidavit.
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9. Imputation.
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10. Defamation of class of persons.
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11. Multiple publication.
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12. Defamation of a body corporate.
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13. Appeals in defamation actions.
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14. Meaning.
Part 3 Defences (ss. 15-27)
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15. Abolition of certain defences.
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16. Truth.
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17. Absolute privilege.
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18. Qualified privilege.
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19. Loss of defence of qualified privilege.
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20. Honest opinion.
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21. Distinguishing between allegations of fact and opinion.
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22. Offer to make amends.
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23. Effect of offer to make amends.
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24. Apology.
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25. Consent to publish.
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26. Fair and reasonable publication on a matter of public interest.
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27. Innocent publication.
Part 4 Remedies (ss. 28-34)
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28. Declaratory order.
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29. Lodgment of money in settlement of action.
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30. Correction order.
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31. Damages.
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32. Aggravated and punitive damages.
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33. Order prohibiting the publication of a defamatory statement.
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34. Summary disposal of action.
Draft
Draft Part 5 Measures against abusive litigation to restrict public participation
Part 5 Criminal Liability (ss. 35-37)
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35. Abolition of certain common law offences.
Repealed
36. Publication or utterance of blasphemous matter.
Repealed
37. Seizure of copies of blasphemous statements.
Part 6 Miscellaneous (ss. 38-44)
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38. Limitation of actions.
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39. Survival of cause of action on death.
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40. Agreements for indemnity.
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41. Jurisdiction of courts.
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42. Malicious falsehood.
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43. Evidence of acquittal or conviction.
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44. Press Council.
Schedule 1 Statements having Qualified Privilege
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Schedule 1, Part 1 Statements Privileged Without Explanation or Contradiction
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Schedule 1, Part 2 Statements Privileged Subject to Explanation or Contradiction
In force
Schedule 2 Minimum Requirements in Relation to Press Council