AustLII Tasmanian Numbered Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

DEFAMATION ACT 2005 (NO. 73 OF 2005)

- Act 73 of 2005
- Royal Assent 9 December 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Interpretation
   5.      Act to bind Crown

   PART 2 - General principles Division 1 - Defamation and the general
   law

   6.      Tort of defamation
   7.      Distinction between slander and libel abolished

           Division 2 - Causes of action for defamation

   8.      Single cause of action for multiple defamatory imputations in same
           matter
   9.      Certain corporations do not have cause of action for defamation
   10.     Section left blank

           Division 3 - Choice of law

   11.     Choice of law for defamation proceedings

   PART 3 - Resolution of civil disputes without litigation Division 1
   - Offers to make amends

   12.     Application of Division
   13.     Publisher may make offer to make amends
   14.     When offer to make amends may be made
   15.     Content of offer to make amends
   16.     Withdrawal of offer to make amends
   17.     Effect of acceptance of offer to make amends
   18.     Effect of failure to accept reasonable offer to make amends
   19.     Inadmissibility of evidence of certain statements and admissions

           Division 2 - Apologies

   20.     Effect of apology on liability for defamation

   PART 4 - Litigation of civil disputes Division 1 - General

   20A.    Proceedings generally to be commenced within one year
   20B.    Application of section 20A
   21.     Election for defamation proceedings to be tried by jury
   22.     Roles of judicial officers and juries in defamation proceedings
   23.     Leave required for further proceedings in relation to publication of
           same defamatory matter

           Division 2 - Defences

   24.     Scope of defences under general law and other law not limited
   25.     Defence of justification
   26.     Defence of contextual truth
   27.     Defence of absolute privilege
   28.     Defence for publication of public documents
   29.     Defence of fair report of proceedings of public concern
   30.     Defence of qualified privilege for provision of certain information
   31.     Defences of honest opinion
   32.     Defence of innocent dissemination
   33.     Defence of triviality

           Division 3 - Remedies

   34.     Damages to bear rational relationship to harm
   35.     Damages for non-economic loss limited
   36.     State of mind of defendant generally not relevant to awarding
           damages
   37.     Exemplary or punitive damages cannot be awarded
   38.     Factors in mitigation of damages
   39.     Damages for multiple causes of action may be assessed as single sum

           Division 4 - Costs

   40.     Costs in defamation proceedings

   PART 5 - Miscellaneous

   41.     Proof of publication
   42.     Proof of convictions for offences
   43.     Incriminating answers, documents or things
   44.     Giving of notices and other documents
   45.     Regulations
   46.     Rules of court
   47.     Administration of Act
   48.     Savings, transitional and other provisions
   49.     Consequential Amendments
   50.     Legislation repealed
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5

[ Note: This table has been automatically generated and may be incomplete. ]



[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]