DEFAMATION ACT 2005 - SECT 4 Definitions
DEFAMATION ACT 2005 - SECT 4
DefinitionsIn this Act—
S. 4 def. of applicable period inserted by No. 35/2020 s. 18.
applicable period for an offer to make amends is defined by section 14;
S. 4 def. of associated entity inserted by No. 35/2020 s. 18.
"associated entity" has the same meaning as in section 50AAA of the Corporations Act;
"Australian court "means any court established by or under a law of an Australian jurisdiction (including a court conducting committal proceedings for an indictable offence);
"Australian jurisdiction" means—
(a) a State; or
(b) a Territory; or
(c) the Commonwealth;
S. 4 def. of Australian tribunal amended by No. 67/2014 s. 147(Sch. 2 item 13.1(b)).
"Australian tribunal "means any tribunal (other than a court) established by or under a law of an Australian jurisdiction that has the power to take evidence from witnesses before it on oath or affirmation (including a Royal Commission, Board of Inquiry or other special commission of inquiry);
S. 4 def. of Board of Inquiry inserted by No. 67/2014 s. 147(Sch. 2 item 13.1(a)).
"Board of Inquiry" has the same meaning as in the Inquiries Act 2014 ;
S. 4 def. of concerns notice inserted by No. 35/2020 s. 18.
concerns notice is defined by section 12A;
"country" includes—
(a) a federation and a state, territory, province or other part of a Federation; and
(b) an Australian jurisdiction;
"document "means any record of information, and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph;
"electronic communication "includes a communication of information in the form of data, text, images or sound (or any combination of these) by means of guided or unguided electromagnetic energy, or both;
S. 4 def. of excluded corporation inserted by No. 35/2020 s. 18.
"excluded corporation" means an excluded corporation referred to in section 9;
S. 4 def. of further particulars notice inserted by No. 35/2020 s. 18.
"further particulars notice" means a further particulars notice referred to in section 12A(3);
"general law "means the common law and equity;
"matter "includes—
(a) an article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical; and
(b) a program, report, advertisement or other thing communicated by means of television, radio, the Internet or any other form of electronic communication; and
(c) a letter, note or other writing; and
(d) a picture, gesture or oral utterance; and
(e) any other thing by means of which something may be communicated to a person;
"offer to make amends "means an offer to make amends under Division 1 of Part 3;
"parliamentary body" means—
(a) a parliament or legislature of any country; or
(b) a house of a parliament or legislature of any country; or
(c) a committee of a parliament or legislature of any country; or
(d) a committee of a house or houses of a parliament or legislature of any country;
S. 4 def. of Royal Commission inserted by No. 67/2014 s. 147(Sch. 2 item 13.1(a)).
"Royal Commission" means—
(a) a Royal Commission established under the Inquiries Act 2014 ; or
(b) a Royal Commission established under the prerogative of the Crown;
"substantially true "means true in substance or not materially different from the truth;
"Territory "means the Australian Capital Territory or the Northern Territory;
"this jurisdiction "means Victoria.