(1) An action on a cause of action for defamation must not be brought after
the end of a limitation period of 1 year running from the
date of the publication of the matter complained of.
(2) The 1-year
limitation period referred to in subsection (1) is taken to have been extended
as provided by subsection (3) if a concerns notice is given to the proposed
defendant on a day (the
"notice day" ) within the period of 56 days before the limitation period
expires.
(3) The limitation period is extended for an additional period of 56
days minus any days remaining after the notice day until the 1-year limitation
period expires.
Example—
Assume a concerns notice is given 7 days before
the limitation period expires. This means that there are 6 days left after the
notice day before the period expires. Consequently, this subsection would
operate to extend the limitation period by 56 minus 6 days, that is, 50 days.
"date of the publication" , in relation to the publication of matter in
electronic form, means the day on which the matter was first uploaded for
access or sent electronically to a recipient.
