Commonwealth Consolidated Acts

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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 16

Qualified privilege

  (1)   If this Act provides that a person has qualified privilege in relation to an act, matter or thing, then the person:

  (a)   has qualified privilege in proceedings for defamation; or

  (b)   is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;

in relation to that act, matter or thing.

  (2)   Malice includes ill will to the person concerned or any other improper motive.

  (3)   Neither this section nor a provision of this Act that provides as referred to in subsection   (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.



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