(1) An auditor of a futures broker has qualified privilege in respect of:

(a)

any statement made, orally or in writing, in the course of performing the duties of an auditor; or

(b)

the lodging of a report, or the sending of a report under section 1220 to the futures broker, a futures exchange, a clearing house for a futures exchange, or a futures association.

(2) A futures exchange, a clearing house for a futures exchange, a futures association, or an officer of a futures exchange, of a clearing house for a futures exchange, or of a futures association, has qualified privilege in respect of:

(a)

any statement made, orally or in writing, in the course of performing the duties imposed by section 1221; or

(b)

the lodging of any report with ASIC, or the sending of any report to a futures broker, under section 1221.

(3) A person has qualified privilege in respect of the publishing of:

(a)

a statement made by an auditor of a futures broker as mentioned in paragraph (1)(a), or by a futures exchange, a clearing house for a futures exchange, a futures association, or an officer, as mentioned in paragraph (2)(a); or

(b)

a document prepared by an auditor of a futures broker in the course of performing the duties of an auditor; or

(c)

a document prepared by a futures exchange, a clearing house for a futures exchange, a futures association, or an officer of a futures exchange, of a clearing house for a futures exchange, or of a futures association, in the course of performing the duties imposed by section 1221; or

(d)

a document required by or under this Chapter to be lodged, whether or not the document has been lodged.