Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1141A

Qualified privilege in respect of disciplinary proceedings

(1) In this section:

"disciplinary proceeding", in relation to a futures organisation, means:

(a)
a proceeding under the business rules of the futures organisation that may result in the disciplining of a member of the futures organisation; or

(b)
an appeal under the business rules of the futures organisation from a proceeding of a kind referred to in paragraph (a).

"disciplining", in relation to a member of a futures organisation, includes expulsion from, or suspension of, membership of the futures organisation.

"member", in relation to a futures organisation, includes a person who is under an obligation to comply with or enforce the business rules of the futures organisation.

(2) A futures organisation, or a member, officer or employee of a futures organisation, has qualified privilege in respect of a statement made by a person, orally or in writing, in the course of, or otherwise for the purposes of or in connection with, a disciplinary proceeding of the futures organisation. (3) A person has qualified privilege in respect of the publication of:

(a)
a statement made by a person, orally or in writing, in the course of, or otherwise for the purposes of or in connection with; or

(b)
a document prepared, given or produced by a person, in the course of, or otherwise for the purposes of or in connection with;

a disciplinary proceeding of a futures organisation.



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