Australian Capital Territory Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

This legislation has been repealed.

DEFAMATION (CRIMINAL PROCEEDINGS) ACT 2001 (REPEALED) - SECT 33

Plea of truth and public benefit

    (1)     The defendant may only give evidence of the truth of the matter charged as a defence if the defendant, in pleading to the indictment or information, alleges—

        (a)     that it was for the public benefit that the matter should be published; and

        (b)     the facts that provide the basis for the public benefit; and

        (c)     the truth of the facts.

    (2)     If the defendant pleads as provided in subsection (1), the truth of the matters charged may be inquired into, but is a defence only if it was for the public benefit that the matter should be published.

    (3)     The prosecutor may reply generally to the plea by denying the whole of it.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback