Western Australian Current Acts Western Australian Current Acts (1) An offer to make
amends cannot be made if —
(a) 28
days have elapsed since the publisher was given a concerns notice by the
aggrieved person; or
(b) a
defence has been served in an action brought by the aggrieved person against
the publisher in relation to the matter in question.
(2) A notice is a
concerns notice for the purposes of this section if the notice —
(a) is
in writing; and
(b)
informs the publisher of the defamatory imputations that the aggrieved person
considers are or may be carried about the aggrieved person by the matter in
question (the imputations of concern ).
(3) If an aggrieved
person gives the publisher a concerns notice, but fails to particularise the
imputations of concern adequately, the publisher may give the aggrieved person
a written notice (a further particulars notice ) requesting the aggrieved
person to provide reasonable further particulars about the imputations of
concern as specified in the further particulars notice.
(4) An aggrieved
person to whom a further particulars notice is given must provide the
reasonable further particulars specified in the notice within 14 days (or any
further period agreed by the publisher and aggrieved person) after being given
the notice.
(5) An aggrieved
person who fails to provide the reasonable further particulars specified in a
further particulars notice within the applicable period is taken not to have
given the publisher a concerns notice for the purposes of this section.