New South Wales Repealed Acts

This legislation has been repealed.

DEFAMATION ACT 1974 - SECT 46

46 General

(1) In this Part "relevant harm" means, in relation to damages for defamation:

(a) harm suffered by the person defamed, or

(b) where the person defamed dies before damages are assessed, harm suffered by the person defamed by way of injury to property or financial loss.

(2) Damages for defamation shall be the damages recoverable in accordance with the common law, but limited to damages for relevant harm.

(3) In particular, damages for defamation:

(a) shall not include exemplary damages, and

(b) shall not be affected by the malice or other state of mind of the publisher at the time of the publication complained of or at any other time, except so far as that malice or other state of mind affects the relevant harm.