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DEFAMATION ACT 1974 - SECT 28 Official notices etc

This legislation has been repealed.

DEFAMATION ACT 1974 - SECT 28

Official notices etc

28 Official notices etc

(1) There is a defence for the publication of any notice or report in accordance with an official request.
(2) Where a defence is established under subsection (1), the defence is defeated if, but only if, it is shown that the publication complained of was not in good faith for the purpose of giving effect to the request.
(3) Where there is an official request that any notice or report be published to the public generally or to any section of the public, and the notice or report is or relates to a matter of public interest, there is a defence for a publication of the notice or report, or a fair extract or fair abstract from, or a fair report or summary of, the notice or report.
(4) Where a defence is established under subsection (3), the defence is defeated if, but only if, it is shown that the publication complained of was not in good faith for the information of the public.
(5) This section does not affect the liability (if any) in defamation of a person making an official request.
(6) In this section, "official request" means a request by:
(a) an officer of the government (including a member of a police force) of any Australian State, or of the Commonwealth, or of any Territory of the Commonwealth, or
(b) a council, board or other authority or person constituted or appointed for public purposes under the legislation of any Australian State, or of the Commonwealth, or of any Territory of the Commonwealth.