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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3905 ..

4

Clause 6

Proposed new subclause (4)

Page 3, line 31-

Omit subclause (4), substitute the following subclause:

(4) The publisher may not make an offer to make amends after the earlier of-

(a) the end of 14 days after the day the aggrieved person tells the publisher that the matter in question is or may be defamatory of the person; or

(b) the service by the publisher of a defence in an action brought against the publisher by the aggrieved person in relation to the matter in question.

5

Clause 7

Page 4, line 4-

Omit "regard is to be had", substitute "a court must have regard".

6

Clause 7

Proposed new subclause (2)

Page 4, line 13-

At the end of the clause, add the following new subclause:

(2) However, subsection (1) does not limit the matters that the court may take into account in deciding whether an offer to make amends is reasonable.

7

Proposed new clause 8

Page 4, line 14-

Omit the clause, substitute the following clause:

8 Acceptance of offer to make amends

(1) If an offer to make amends is accepted, a court may-

(a) order the publisher to pay the aggrieved person the expenses incurred by the aggrieved person in accepting and performing the agreement made by acceptance of the offer (the amends agreement); and

(b) on the application of a party to the amends agreement, decide the amount of compensation mentioned in section 6 (3A) (b), (c) or (d).

(2) If a question arises about what must be done to perform the amends agreement, the court

may decide the question on the application of either party.

(3) If the publisher performs the amends agreement (including paying any compensation under the agreement) the aggrieved person must not begin or continue an action against the publisher in relation to the matter in question.

8

Clause 10

Subclause (2)

Page 5, line 4-

Omit "the Supreme Court", substitute "a court".

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