New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this Actany Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) This Act applies to the publication of defamatory matter after the commencement of this Act, unless subclause (2) provides otherwise.
(2) The provisions of this Act (other than this clause) do not apply to a cause of action for the publication of defamatory matter that accrues after the commencement of this Act (the
"post-commencement action" ) if--(a) the post-commencement action is one of 2 or more causes of action in proceedings commenced by a plaintiff, and(b) each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or another defendant), and(c) one or more of the other causes of action in the proceedings accrued before the commencement of this Act (a
"pre-commencement action" ), and(d) the post-commencement action accrued no later than 12 months after the date on which the earliest pre-commencement action in the proceedings accrued.
(3) The existing law of defamation continues to apply to the following causes of action in the same way as it would have applied to those causes of action had this Act not been enacted--(a) any cause of action that accrued before the commencement of this Act,(b) any post-commencement action to which the other provisions of this Act do not apply because of subclause (2).
(4) In this clause, the
"existing law of defamation" means the law (including all relevant statutory provisions and principles and rules of the general law) that applied in this jurisdiction to the determination of civil liability for the publication of defamatory matter immediately before the commencement of this Act.
(1) In this clause--
"relevant day" means--(a) if the Coal Mines Regulation Act 1982 is repealed by the Coal Mine Health and Safety Act 2002 on or before 1 January 2006--1 January 2006, or(b) if the Coal Mines Regulation Act 1982 is repealed by the Coal Mine Health and Safety Act 2002 after 1 January 2006--the day on which that Act is repealed.
(2) Clause 16 of Schedule 1 and clause 11 of Schedule 3 are amended on the relevant day by omitting " Coal Mines Regulation Act 1982 " wherever occurring and by inserting instead " Coal Mine Health and Safety Act 2002 ".
(1) In this clause--
"relevant day" means--(a) if the Mines Inspection Act 1901 is repealed by the Mine Health and Safety Act 2004 on or before 1 January 2006--1 January 2006, or(b) if the Mines Inspection Act 1901 is repealed by the Mine Health and Safety Act 2004 after 1 January 2006--the day on which that Act is repealed.
(2) Clause 17 of Schedule 1 and clause 12 of Schedule 3 are amended on the relevant day by omitting " Mines Inspection Act 1901 " wherever occurring and by inserting instead " Mine Health and Safety Act 2004 ".
(1) In this clause--
"relevant day" means--(a) if Schedule 1 [1] to the Crimes (Administration of Sentences) Amendment (Parole) Act 2004 commences on or before 1 January 2006--1 January 2006, or(b) if Schedule 1 [1] to the Crimes (Administration of Sentences) Amendment (Parole) Act 2004 commences after 1 January 2006--the day on which Schedule 1 [1] to that Act commences.
(2) Clause 7 of Schedule 1 is amended on the relevant day--(a) by omitting "Parole Board" wherever occurring and by inserting instead "State Parole Authority", and(b) by omitting "that Board" and by inserting instead "that Authority".
(1) In any other Act or instrument--(a) subject to paragraph (b), a reference to the Defamation Act 1974 is taken to be a reference to this Act, and(b) a reference to a provision of the Defamation Act 1974 is taken to be a reference to the corresponding provision or provisions (if any) of this Act or section 529 of the Crimes Act 1900 .
(2) Subclause (1) does not apply to any provision of another Act, or an instrument made under another Act, prescribed by the regulations.
An amendment made to this Act by the Defamation Amendment Act 2020 applies only in relation to the publication of defamatory matter after the commencement of the amendment.
In this part--
"2023 amendments" means amendments made to this Act by the Defamation
Amendment Act 2023 .
"existing law" , in relation to 2023 amendments about a subject, means the law
that would have applied if the amendments had not been enacted.
"post-commencement action" , in relation to 2023 amendments about a subject,
means a cause of action for the publication of defamatory matter accruing
after the commencement of the amendments.
"pre-commencement action" , in relation to 2023 amendments about a subject,
means a cause of action for the publication of defamatory matter accruing
before the commencement of the amendments.
(1) This clause applies to the 2023 amendments about (the
"digital intermediary amendments" )--(a) exempting digital intermediaries from liability for defamation, or(b) providing a defence for publications of defamatory digital matter involving digital intermediaries.
(2) Except as provided by subclause (3)(b), the digital intermediary amendments apply to a post-commencement action.
(3) The existing law continues to apply despite the digital intermediary amendments--(a) to a pre-commencement action, and(b) to a post-commencement action, but only if--(i) the post-commencement action is 1 of 2 or more causes of action in proceedings commenced by a plaintiff, and(ii) each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions, whether by the same defendant or another defendant, and(iii) 1 or more of the other causes of action in the proceedings are pre-commencement actions, and(iv) the post-commencement action accrued no later than 12 months after the date on which the earliest pre-commencement action in the proceedings accrued.
(1) This clause applies to the 2023 amendments about offers to make amends (the
"offer amendments" ).
(2) The offer amendments apply to offers to make amends made after the commencement of the amendments regardless of whether the offers relate to publications occurring before or after the commencement.
(3) The existing law continues to apply despite the offer amendments to offers to make amends made before the commencement of the amendments.
(1) This clause applies to the 2023 amendments about courts making orders (the
"preliminary discovery or non-party digital intermediary order amendments" )--(a) for, or in the nature of, preliminary discovery, or(b) to take steps--(i) to prevent or limit the continued publication or republication of defamatory matter, or(ii) to comply with, or otherwise give effect to, judgments, injunctions or other court orders.
(2) Except as provided by subclause (3)(b), the preliminary discovery or non-party digital intermediary order amendments apply to the making of an order after the commencement of the amendments regardless of whether the proceedings in which they are made--(a) involve a pre-commencement action or post-commencement action, or(b) were commenced before or after the commencement of the amendments.
(3) The existing law continues to apply despite the preliminary discovery or non-party digital intermediary order amendments--(a) to an order made before the commencement of the amendments, or(b) to the variation or revocation of an order made before the commencement of the amendments.
(1) This clause applies to the 2023 amendments about the defence of absolute privilege in its application to publications to officials of police forces or services of Australian jurisdictions (the
"absolute privilege amendments" ).
(2) The absolute privilege amendments apply to a post-commencement action.
(3) The existing law continues to apply despite the absolute privilege amendments to a pre-commencement action.
(1) This clause applies to the 2023 amendments about the ways in which notices or other documents for the purposes of this Act must or may be given to, or served on, individuals or bodies corporate (the
"document giving or service amendments" ).
(2) The document giving or service amendments apply to the giving or service of notices or other documents after the commencement of the amendments regardless of whether the notices or other documents relate--(a) to pre-commencement actions or post-commencement actions, or(b) to proceedings commenced before or after the commencement of the amendments.
(3) The existing law continues to apply despite the document giving or service amendments to the giving or service of notices or other documents before the commencement of the amendments.