Commonwealth Consolidated Acts

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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 261

Auditors and other persons to enjoy qualified privilege in certain circumstances

  (1)   An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.

  (2)   A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.

  (3)   This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.



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