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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3816 ..
MR STEFANIAK (continuing):
I table the supplementary explanatory memorandum. Mr Speaker, I have five or six pages of speaking notes on these amendments. It would save a considerable amount of time if these notes were incorporated in Hansard. I therefore ask for leave to do so.
Leave granted.
The speaking notes read as follows:
It is proposed that the Act will not commence until 1 July 2002 to allow the media and other publishers to undertake the necessary preparations. The amendment of the Act to include a fixed date will lend certainty to these preparations.
Government Amendment 1 (Large amendment sheet)-Clause 4
This is a technical amendment that will delete a machinery provision in the Bill (dealing with notes in the Bill).Government Amendment 2 (Large amendment sheet)-Clause 6
The Committee opposed the Government's proposal to provide a clear and real benefit to defendants using the amends option (rather than, as present, fighting claims to a stalemate). However, the Committee commended a counter proposal made by Mr Crispin Hull.Mr Hull proposed that the provisions in the bill dealing with an offer of amends might differentiate between imputations asserting criminal conduct and lesser imputations.
This amendment gives effect to this proposal. In discussions with other members other improvements in the provision have been identified and adopted by this and subsequent amendments to clause 6 of the Act (which deals with an offer to make amends).
Notes:
Paragraph (g) is a mandatory requirement (an offer of amends must include an offer to pay expenses).
Paragraph (h) has no changes.
Paragraph (i) allows an offer of amends to include economic loss (ie, actual damage - not injury to feelings etc).
Paragraph (j) allows an offer of amends to include an offer to pay compensation for harm to the aggrieved person's reputation but only if the defamation imputes criminal behaviour.
Government Amendment 3 (Large amendment sheet)-Clause 6
The amendment modifies clause 6 to allow an offer to pay compensation to be expressed to be an offer to pay a specific amount or an amount decided by a court or through arbitration.Government Amendment 4 (Large amendment sheet)-Clause 6
The amendment modifies clause 6 to restrict the period in which an offer to make amends is made. In effect, it restricts the period to 14 days after an aggrieved person tells the publisher that the matter in question is or may be defamatory.
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