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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 111A
Protection of body corporate and committee from liability for defamation
111A Protection of body corporate and committee from liability for defamation
(1) This section applies if— (a) the committee for the body corporate for a
community titles scheme publishes required material for a general meeting of
the body corporate under the regulation module applying to the scheme; and
(b) the required material contains defamatory matter.
(2) Each of the
following is not liable for defamation by the publication of the defamatory
matter as mentioned in subsection (1) — (a) the body corporate;
(b) the
committee, or a member of the committee, other than a member of the committee
who submitted the motion or explanatory note containing the defamatory matter.
(3) In this section—
"committee" or
"member of the committee" , for a community titles scheme for which a
body corporate manager is engaged to carry out the functions of a committee
for the body corporate and each of its executive members, means the
body corporate manager.
"required material" , for a general meeting of the body corporate, means any
of the following required under the regulation module applying to the
community titles scheme to be published for the general meeting— (a) a
motion submitted other than by or for the committee for the general meeting;
(b) the substance of a motion mentioned in paragraph (a) ;
(c) an explanatory
note for a motion mentioned in paragraph (a) prepared by the submitter of the
motion.
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