Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 - SECT 89

Qualified privilege

(1) Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person:

(a)
has qualified privilege in proceedings for defamation; or

(b)
is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;

as the case requires, in respect of that act, matter or thing.

(2) In subsection (1):

"malice" includes ill will to the person concerned or any other improper motive.

(3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.


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