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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DEFAMATION (MATTERS
OF PUBLIC INTEREST)
AMENDMENT BILL 1999
Queensland
DEFAMATION (MATTERS OF PUBLIC
INTEREST) AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5A What is "corrupt conduct" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15A Protection--corrupt conduct of public officials . . . . . . . . . . . . . . . . . 5
1999
A BILL
FOR
An Act to amend the Defamation Act 1889
s1 4 s3
Defamation (Matters of Public Interest)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Defamation (Matters of Public Interest) 3
Amendment Act 1999. 4
amended 5
Act
Clause 2. This Act amends the Defamation Act 1889. 6
of new s 5A 7
Insertion
Clause 3. Part 2, after section 5-- 8
insert-- 9
is "corrupt conduct" 10
`What
`5A.(1) "Corrupt conduct", of a public official, means conduct that 11
may constitute or involve-- 12
(a) an offence, or an attempt to commit an offence, that involves 13
corruption; or 14
(b) a conspiracy to commit an offence that involves corruption; or 15
(c) official misconduct within the meaning of the Criminal Justice 16
Act 1989. 17
`(2) Conduct of a public official is "corrupt conduct" even though-- 18
(a) a proceeding against the public official for an offence can no 19
longer be brought or continued; or 20
(b) the person was not a public official when the conduct first 21
happened or is no longer a public official. 22
`(3) Also, conduct of a public official is "corrupt conduct" even though it 23
happened outside Queensland if it would be corrupt conduct if it happened 24
in Queensland. 25
s4 5 s4
Defamation (Matters of Public Interest)
Amendment
`(4) In this section-- 1
"public official" means-- 2
(a) a Minister; or 3
(b) a member of the Legislative Assembly, other than a Minister; or 4
(c) a staff member of a Minister; or 5
(d) another person who performs a function of a public nature, 6
whether as employee or otherwise, for an agency within the 7
meaning of the Freedom of Information Act 1992.'. 8
of new s 15A 9
Insertion
Clause 4. After section 15-- 10
insert-- 11
conduct of public officials 12
`Protection--corrupt
`15A.(1) It is lawful to publish defamatory matter if the publication-- 13
(a) is about corrupt conduct of a public official, or the misuse or 14
misapplication of any public money; and 15
(b) is substantially true; and 16
(c) is made without malice. 17
`(2) In any proceeding concerned with the publication of defamatory 18
matter mentioned in subsection (1)(a), the onus of proving the publication 19
was made with malice is for the party alleging it was made with malice.'. 20
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