Victorian Current Acts

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When offer to make amends may be made

    (1)     An offer to make amends cannot be made if—

        (a)     28 days have elapsed since the publisher was given a concerns notice by the aggrieved person; or

        (b)     a defence has been served in an action brought by the aggrieved person against the publisher in relation to the matter in question.

    (2)     A notice is a concerns notice for the purposes of this section if the notice—

        (a)     is in writing; and

        (b)     informs the publisher of the defamatory imputations that the aggrieved person considers are or may be carried about the aggrieved person by the matter in question (the imputations of concern ).

    (3)     If an aggrieved person gives the publisher a concerns notice, but fails to particularise the imputations of concern adequately, the publisher may give the aggrieved person a written notice (a  further particulars notice ) requesting the aggrieved person to provide reasonable further particulars about the imputations of concern as specified in the further particulars notice.

    (4)     An aggrieved person to whom a further particulars notice is given must provide the reasonable further particulars specified in the notice within 14 days (or any further period agreed by the publisher and aggrieved person) after being given the notice.

    (5)     An aggrieved person who fails to provide the reasonable further particulars specified in a further particulars notice within the applicable period is taken not to have given the publisher a concerns notice for the purposes of this section.

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