Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986 No. 72 of 1986 - SECT 99

99. (1) In the absence of malice, an auditor is not liable to an action for
defamation in respect of-

   (a)  any statement made, orally or in writing, in the course of performing
        the duties of an auditor; or

   (b)  the lodging of any report with the Commission, or the sending of any
        report under section 97 to a futures broker, a futures exchange, a
        clearing house for a futures exchange, or a futures association.

(2) In the absence of malice, a futures exchange, a clearing house for a
futures exchange, a futures association, or an officer of a futures exchange,
of a clearing house for a futures exchange, or of a futures association, is
not liable to an action for defamation in respect of-

   (a)  any statement made, orally or in writing, in the course of performing
        the duties imposed by section 98; or

   (b)  the lodging of any report with the Commission, or the sending of any
        report to a futures broker, under section 98.

(3) A person is not liable to an action for defamation in respect of the
publishing without malice of-

   (a)  a statement made by an auditor as mentioned in paragraph (1) (a), or
        by a futures exchange, a clearing house for a futures exchange, a
        futures association, or an officer, as mentioned in paragraph (2) (a);

   (b)  a document prepared by an auditor in the course of performing the
        duties of an auditor;

   (c)  a document prepared by a futures exchange, a clearing house for a
        futures exchange, a futures association, or an officer of a
        futures exchange, of a clearing house for a futures exchange, or of a
        futures association, in the course of performing the duties imposed by
        section 98; or

   (d)  a document required by or under this Act or the corresponding law of a
        participating State or participating Territory to be lodged with the
        Commission, whether or not the document has been so lodged.

(4) This section does not limit or affect any right, privilege or immunity
that any person has, apart from this section, as defendant in an action for
defamation.