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DEFAMATION ACT 2005 - SECT 27 Defence of absolute privilege

DEFAMATION ACT 2005 - SECT 27

Defence of absolute privilege

(1)  It is a defence to the publication of defamatory matter if the defendant proves that it was published on an occasion of absolute privilege.
(2)  Without limiting subsection (1) , matter is published on an occasion of absolute privilege if –
(a) the matter is published in the course of the proceedings of a parliamentary body, including (but not limited to) –
(i) the publication of a document by order, or under the authority, of the body; and
(ii) the publication of the debates and proceedings of the body by or under the authority of the body or any law; and
(iii) the publication of matter while giving evidence before the body; and
(iv) the publication of matter while presenting or submitting a document to the body; or
(b) the matter is published in the course of the proceedings of an Australian court or Australian tribunal, including (but not limited to) –
(i) the publication of matter in any document filed or lodged with, or otherwise submitted to, the court or tribunal (including any originating process); and
(ii) the publication of matter while giving evidence before the court or tribunal; and
(iii) the publication of matter in any judgment, order or other determination of the court or tribunal; or
(c) the matter is published on an occasion that, if published in another Australian jurisdiction, would be an occasion of absolute privilege in that jurisdiction under a provision of a law of the jurisdiction corresponding to this section; or
(d) the matter is published by a person or body in any circumstances specified in Schedule 1 .