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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3906 ..

9

Clause 11

Subclause (2)

Page 5, line 12-

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

10

Proposed new clause 16

Page 6, line 14-

Omit the clause, substitute the following clause:

16 Defence of truth and public benefit (1901 s 6)

It is a defence if the defendant establishes-

(a) the truth of the published matter in accordance with the common law; and

(b) that it was for the public benefit that the matter should be published.

11

Proposed new clause 22

Page 11, line 4-

Omit the clause, substitute the following clause:

22 Defence of apology and payment into court (1901 s 8)

(1) The defendant may plead that the published matter that is or may be a libel was published without actual malice and without gross negligence, and that before the action was begun or as soon as practicable afterwards, the defendant published a full apology for the libel or, if this was not possible, had offered to publish an apology in a way to be selected by the plaintiff.

(2) The defendant, after filing a defence under subsection (1), may pay into court an amount by way of amends for the libel.

12

Clause 23

Proposed new subclause (2)

Page 11, line 14-

Omit the subclause, substitute the following subclause:

(2) For subsection (1), it is sufficient if-

(a) the defendant establishes that the defendant took reasonable steps to ensure the accuracy of the published matter; and

(b) the defendant gave the plaintiff a reasonable opportunity to comment on the published matter before it was published.

13

Clause 26

Subclause (3)

Page 12, line 8-

Omit "a judge", substitute "a court".

14

Division 4.3

Page 16, line 18-

Omit the division.

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