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  1. Defamation Act 2009 (No. 31)
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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)

Consolidation Status: Updated to reflect all known changes
Comparing proposed amendment...
Introductory Text
Acts Referred to
Part 1 Preliminary and General (ss. 1-5)
In force
 1. Short title and commencement.
In force
 2. Definitions.
In force
 3. Saver.
In force
 4. Repeal.
In force
 5. Review of operation of Act.
Part 2 Defamation (ss. 6-14)
In force
 6. Defamation.
In force
 7. Amendment of certain enactments.
In force
 8. Verifying affidavit.
In force
 9. Imputation.
In force
 10. Defamation of class of persons.
In force
 11. Multiple publication.
In force
 12. Defamation of a body corporate.
In force
 13. Appeals in defamation actions.
In force
 14. Meaning.
Part 3 Defences (ss. 15-27 and draft 27A)
In force
 15. Abolition of certain defences.
In force
 16. Truth.
In force
⚠ 17. Absolute privilege.
In force
 18. Qualified privilege.
In force
 19. Loss of defence of qualified privilege.
In force
 20. Honest opinion.
In force
 21. Distinguishing between allegations of fact and opinion.
In force
 22. Offer to make amends.
In force
 23. Effect of offer to make amends.
In force
 24. Apology.
In force
 25. Consent to publish.
In force
 26. Fair and reasonable publication on a matter of public interest.
In force
 27. Innocent publication.
Draft
 Draft 27A. Live broadcast defence
Part 4 Remedies (ss. 28-34)
In force
 28. Declaratory order.
In force
 29. Lodgment of money in settlement of action.
In force
 30. Correction order.
In force
 31. Damages.
In force
 32. Aggravated and punitive damages.
In force
 33. Order prohibiting the publication of a defamatory statement.
In force
 34. Summary disposal of action.
Draft Part 4A Additional Provisions Regarding Defamation Proceedings Relating to Engagement in Public Participation (ss. 34A-34H)
Draft
 Draft 34A. Definitions (Part 4A)
Draft
 Draft 34B. Defamation proceedings to which Part applies
Draft
 Draft 34C. Information to be given to court
Draft
 Draft 34D. Security for costs
Draft
 Draft 34E. Application to strike out claim and appeal
Draft
 Draft 34F. Application for declaration where application to strike out claim
Draft
 Draft 34G. Application for declaration before, during or at conclusion of trial of action and costs
Draft
 Draft 34H. Publication of certain Circuit Court orders and judgments
Draft Part 4B Alternative Dispute Resolution (ss. 34I-34L)
Draft
 Draft 34I. Definitions (Part 4B)
Draft
 Draft 34J. Practising solicitor and alternatives to issuing of certain proceedings
Draft
 Draft 34K. Court inviting parties to consider alternatives to certain proceedings
Draft
 Draft 34L. Factors to be considered by court in awarding costs
Part 5 Criminal Liability (ss. 35-37)
In force
 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)
In force
 38. Limitation of actions.
In force
 39. Survival of cause of action on death.
In force
 40. Agreements for indemnity.
In force
 41. Jurisdiction of courts.
In force
 42. Malicious falsehood.
In force
 43. Evidence of acquittal or conviction.
In force
 44. Press Council.
Schedule 1 Statements having Qualified Privilege
In force
 Schedule 1, Part 1 Statements Privileged Without Explanation or Contradiction
In force
 Schedule 1, Part 2 Statements Privileged Subject to Explanation or Contradiction
In force
 Schedule 2 Minimum Requirements in Relation to Press Council
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