Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1141A

Qualified privilege in respect of disciplinary proceedings
1141A. (1) In this section:

"disciplinary proceeding", in relation to a futures organisation, means:

   (a)  a proceeding under the business rules of the futures organisation that
        may result in the disciplining of a member of the futures
        organisation; or

   (b)  an appeal under the business rules of the futures organisation from a
        proceeding of a kind referred to in paragraph (a);

"disciplining", in relation to a member of a futures organisation, includes
expulsion from, or suspension of, membership of the futures organisation;

"member", in relation to a futures organisation, includes a person who is
under an obligation to comply with or enforce the business rules of the
futures organisation.

(2) A futures organisation, or a member, officer or employee of a futures
organisation, has qualified privilege in respect of a statement made by a
person, orally or in writing, in the course of, or otherwise for the purposes
of or in connection with, a disciplinary proceeding of the futures
organisation.

(3) A person has qualified privilege in respect of the publication of:

   (a)  a statement made by a person, orally or in writing, in the course of,
        or otherwise for the purposes of or in connection with; or

   (b)  a document prepared, given or produced by a person, in the course of,
        or otherwise for the purposes of or in connection with; a disciplinary
        proceeding of a futures organisation. 


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