Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Dictionary
(see s 3)
"Australian jurisdiction" means the Territory, the Commonwealth or a State or another Territory.
"Australian record or document" means a record or document kept–
(a) by an Australian jurisdiction; or
(b) by a statutory authority of an Australian jurisdiction; or
(c) by a court of an Australian jurisdiction; or
(d) under legislation of an Australian jurisdiction.
"country "includes a federation, and a state, territory, province or other part of a federation.
"entity" includes a parliamentary body.
"judgment" includes a decree, order or sentence.
law reform body means a body (however described and whether or not permanent or full-time) whose functions in relation to the law of a country are similar to those of the Australian Law Reform Commission in relation to the law of the Commonwealth.
learned society means a body, wherever formed—
(a) the objects of which include the advancement of any art, science or religion or the advancement of learning in any field (the principal objects); and
(b) authorised by its constitution—
(i) to exercise control over, or adjudicate on, matters connected with its principal objects; and
(ii) to make findings or decisions having effect, by law or custom, in any part of Australia.
ombudsman includes an officer (however described) whose duties are similar to those of the Territory ombudsman.
parliamentary body means any of the following:
(a) a parliament or legislature of any country;
(b) a house of a parliament or legislature of any country;
(c) a committee of a parliament or legislature of any country;
(d) a committee of a house or houses of a parliament or legislature of any country.
"proceeding of public concern" means any of the following:
(a) a proceeding in public of a parliamentary body;
(b) a proceeding in public of an international organisation of any countries or of governments of any countries;
(c) a proceeding in public of an international conference at which governments of any countries are represented;
(d) a proceeding in public of—
(i) the International Court of Justice, or any other judicial or arbitral tribunal, for the decision of any matter in dispute between nations; or
(ii) any other international judicial or arbitral tribunal;
(e) a proceeding in public of—
(i) a court of any country; or
(ii) an arbitral tribunal;
(f) a proceeding in public of an inquiry held under the law of any country or under the authority of the government of any country;
(g) a proceeding of a learned society, or of a committee or governing body of the society, under its principal objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
(i) a member or members of the society; or
(ii) a person subject by contract or otherwise by law to control by the society;
(h) a proceeding of a sport or recreation association, or of a committee or governing body of the association, under its major objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
(i) a member or members of the society; or
(ii) a person subject by contract or otherwise by law to control by the association;
(i) a proceeding of a trade association, or of a committee or governing body of the association, under its relevant objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
(i) a member or members of the society; or
(ii) a person subject by contract or otherwise by law to control by the association;
(j) a proceeding of a public meeting (with or without restriction on the people attending) held anywhere in Australia if the proceeding relates to a matter of public interest, including the advocacy or candidature of a person for public office;
(k) a proceeding of an ombudsman of any country if the proceeding relates to a report of the ombudsman;
(l) a proceeding in public of a law reform body of any country, or a proceeding in public at an inquiry conducted by a law reform body of any country.
"publication", of matter, includes publication in a way that the matter will become accessible or will be broadcast or sent to other people through a computer network.
"public document" means any of the following:
(a) a report or paper published by a parliamentary body, or a record of votes, debates or other proceedings relating to a parliamentary body published under the authority of the body;
(b) a judgment of a court of any country in a civil proceeding, or a record of the court relating to the judgment or to its enforcement or satisfaction;
(c) a report, or other document, that under the law of any country—
(i) is authorised to be published; or
(ii) is required to be presented or submitted to, tabled in, or laid before, a parliamentary body;
(d) a document issued by the government or a local government of a country, or by an officer, employee or agency of the country or local government, for the information of the public;
(e) an Australian record or document that is open to inspection by the public;
(f) a report of a tribunal about its decision and the reasons for its decision.
sport or recreation association means a body, wherever formed—
(a) the objects of which include the promotion of any game, sport, or pastime to the playing of which or exercise of which the public is admitted as spectators or otherwise and the promotion or protection of the interests of people connected with the game, sport, or pastime (the major objects); and
(b) authorised by its constitution—
(i) to exercise control over, or adjudicate on, matters connected with the game, sport, or pastime; and
(ii) to make findings or decisions having effect, by law or custom, in any part of Australia.
trade association means a body, wherever formed—
(a) the objects of which include the promotion of any calling, that is to say, a trade, business, industry or profession and the promotion or protection of the interests of people engaged in any calling (the relevant objects); and
(b) authorised by its constitution—
(i) to exercise control over, or adjudicate on, matters connected with a calling or the conduct of people engaged in the calling; and
(ii) to make findings or decisions having effect, by law or custom, in any part of Australia.
"tribunal" means a tribunal of any country.
"victim", for division 4.1 (Defamatory libel)—see section 28.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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LRA = Legislation (Republication) Act 1996 |
sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
The Defamation (Criminal Proceedings) Act 2001 (repealed) was originally the Defamation Act 2001. It was renamed by the Civil Law (Wrongs) Act 2002 (see amdt 3.7).
Defamation (Criminal Proceedings) Act 2001 No 88
notified LR 24 September 2001
s 1, s 2 commenced 24 September 2001 (LA s 75)
remainder commenced 1 July 2002 (s 2)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.16
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.16 commenced 17 September 2002 (s 2 (1))
Civil Law (Wrongs) Act 2002 No 40 div 3.2.4
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
div 3.2.4 commenced 1 November 2002 (s 2 (2) and CN2002-13)
as repealed by
Civil Law (Wrongs) Amendment Act 2006 A2006-1 s 23
notified LR 22 February
2006
s 1, s 2 commenced 22 February 2006 (LA s 75
(1))
s 23 commenced 23 February 2006 (s
2)
Title
title sub
2002 No 40 amdt 3.6
Name of
Act
s 1 sub 2002 No 40 amdt
3.7
Commencement
s
2 om LA s 89 (4)
Dictionary
s
3 sub 2002 No 40 amdt 3.8
Notes
s
4 s 4 (2), (3) exp 1 July 2005 (s 4 (3))
Resolution of disputes without
litigation
pt 2 hdg om 2002 No 40
amdt 3.9
Application of pt
2
s 5 om 2002 No 40 amdt
3.9
Offer to make
amends
s 6 om 2002 No 40 amdt
3.9
What is a reasonable offer to make
amends?
s 7 om 2002 No 40 amdt
3.9
Acceptance of offer to make
amends
s 8 om 2002 No 40 amdt
3.9
False or misleading statement in
correction
s 9 om 2002 No 40 amdt
3.9
Offer to make amends not
accepted
s 10 om 2002 No 40 amdt
3.9
Order to vindicate reputation if offer not
made
s 11 om 2002 No 40 amdt
3.9
Rules governing litigation of civil
claims
pt 3 hdg om 2002 No 40
amdt 3.9
Application of pt
3
s 12 om 2002 No 40 amdt
3.9
Meaning of published matter in pt
3
s 13 om 2002 No 40 amdt
3.9
Slander actionable without special
damage
s 14 om 2002 No 40 amdt
3.9
Plaintiff's character not likely to be
injured
s 15 om 2002 No 40 amdt
3.9
Defence of truth and public
benefit
s 16 om 2002 No 40 amdt
3.9
Publication of a proceeding of public
concern
s 17 am 2002 No 30 amdt
3.209
om 2002 No 40 amdt
3.9
Publication of public
document
s 18 am 2002 No 30 amdt
3.210, amdt 3.211
def
publication ins 2002 No 30 amdt
3.212
om 2002 No 40 amdt
3.9
Publication under
contract
s 19 om 2002 No 40 amdt
3.9
Evidence of apology admissible in
mitigation
s 20 om 2002 No 40
amdt 3.9
Payment into
court
s 21 om 2002 No 40 amdt
3.9
Defence of apology and payment into
court
s 22 om 2002 No 40 amdt
3.9
Defence—defendant not
negligent
s 23 om 2002 No 40 amdt
3.9
Compensation etc provable in
mitigation
s 24 om 2002 No 40
amdt 3.9
Damages
s
25 om 2002 No 40 amdt 3.9
Disclosure of name of
contributor
s 26 om 2002 No 40
amdt 3.9
Malicious publication of defamatory
libel
s 29 hdg bracketed note exp
1 July 2005 (s 4 (3))
Beginning of
prosecution
s 30 hdg bracketed
note exp 1 July 2005 (s 4 (3))
Publication of matters of public
concern
s 31 hdg bracketed note
exp 1 July 2005 (s 4 (3))
s 31 am
2002 No 30 amdt 3.213; 2002 No 40 amdt 3.10
Publication under
contract
s 32 hdg bracketed note
exp 1 July 2005 (s 4 (3))
Plea of truth and public
benefit
s 33 hdg bracketed note
exp 1 July 2005 (s 4 (3))
Effect of plea and
evidence
s 34 hdg bracketed note
exp 1 July 2005 (s 4 (3))
Truth as a
defence
s 35 hdg bracketed note
exp 1 July 2005 (s 4 (3))
Plea of not
guilty
s 36 hdg bracketed note
exp 1 July 2005 (s 4 (3))
Defence of absence of authority, knowledge
etc
s 37 hdg bracketed note exp 1
July 2005 (s 4 (3))
Libel etc with intent to extort money or
obtain a benefit
s 39
hdg bracketed note exp 1 July 2005 (s 4 (3))
Time not to be enlarged except by
leave
s 41 om 2002 No 40 amdt
3.11
Review of certain provisions of
Act
s 42 om 2002 No 40 amdt
3.11
Repeal and consequential
amendments
s 43 om LA s 89
(3)
Dictionary
dict am
2002 No 30 amdt 3.214
sub 2002 No 40
amdt 3.12
def action
om 2002 No 40 amdt 3.12
def
aggrieved person om 2002 No 40 amdt
3.12
def amends
agreement om 2002 No 40 amdt
3.12
def Australian
jurisdiction ins 2002 No 40 amdt
3.12
def Australian record or
document ins 2002 No 40
amdt 3.12
def country
sub 2002 No 40 amdt 3.12
def
court om 2002 No 40 amdt
3.12
def defamation om
2002 No 40 amdt 3.12
def
entity ins 2002 No 40 amdt
3.12
def judgment ins
2002 No 40 amdt 3.12
def law
reform body ins 2002 No 40 amdt
3.12
def learned society
ins 2002 No 40 amdt 3.12
def
matter in question om 2002 No 40 amdt
3.12
def offer to make amends
om 2002 No 40 amdt 3.12
def
ombudsman ins 2002 No 40 amdt
3.12
def parliamentary
body sub 2002 No 40 amdt
3.12
def proceeding of public
concern ins 2002 No 40 amdt
3.12
def publication
ins 2002 No 40 amdt 3.12
def
public document ins 2002 No 40 amdt
3.12
def published matter
om 2002 No 40 amdt 3.12
def
publisher om 2002 No 40 amdt
3.12
def qualified offer
om 2002 No 40 amdt 3.12
def
sport or recreation association ins 2002 No 40
amdt 3.12
def trade
association ins 2002 No 40 amdt
3.12
def tribunal sub
2002 No 40 amdt 3.12
def
victim sub 2002 No 40 amdt 3.12
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
not amended |
1 July 2002 |
|
2 |
A2002-30 |
27 September 2002 |
|
3 |
A2002-40 |
1 November 2002 |
|
4 |
A2002-40 |
2 July 2005 |
© Australian Capital Territory
2006