Western Australian Current Acts Western Australian Current Acts (1) A corporation has
no cause of action for defamation in relation to the publication of defamatory
matter about the corporation unless it was an excluded corporation at the time
of the publication.
(2) A corporation is
an excluded corporation if —
(a) the
objects for which it is formed do not include obtaining financial gain for its
members or corporators; or
(b) it
employs fewer than 10 persons and is not related to another corporation,
and the corporation is
not a public body.
(3) In counting
employees for the purposes of subsection (2)(b), part-time employees are to be
taken into account as an appropriate fraction of a full-time equivalent.
(4) In determining
whether a corporation is related to another corporation for the purposes of
subsection (2)(b), section 50 of the Corporations Act 2001 of the Commonwealth
applies as if references to bodies corporate in that section were references
to corporations within the meaning of this section.
(5) Subsection (1)
does not affect any cause of action for defamation that an individual
associated with a corporation has in relation to the publication of defamatory
matter about the individual even if the publication of the same matter also
defames the corporation.
(6) In this section
—
corporation includes any body corporate or
corporation constituted by or under a law of any country (including by
exercise of a prerogative right), whether or not a public body;
public body means a local government body or other
governmental or public authority constituted by or under a law of any country.