South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 5

5—Qualified privilege

        (1)         Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person, in respect of that act, matter or thing—

            (a)         has qualified privilege in proceedings for defamation; or

            (b)         is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of any person.

        (2)         In subsection (1)—

"malice" includes ill-will to the person concerned or any other improper motive.

        (3)         Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.