Victorian Consolidated Legislation

Defamation Act 2005 - SCHEDULE 4

Section 49 CONSEQUENTIAL AMENDMENTS

1. Evidence Act 1958

Section 91 is repealed.











2. Police Regulation Act 1958

After section 124 insert-

"124A. Certain crime reports privileged

(1) This section applies to any document issued for publication by the Chief
Commissioner of Police or on his or her behalf by a member of the police force
of or above the rank of inspector for the purpose of protecting the public or
gaining information that may be of assistance in the investigation of an
alleged crime.

(2) The publication-

   (a)  in any public newspaper or other periodical publication; or

   (b)  by transmission to the general public in a radio or television
        program- of a copy, or a fair and accurate report or summary, of a
        document to which this section applies is privileged unless the
        publication is proved to be made with malice.

(3) If in a proceeding the plaintiff proves that the defendant was requested
by the plaintiff to publish a reasonable letter or statement by way of
contradiction or explanation of the copy document, report or summary published
by the defendant, then subsection (2) is not available as a defence unless the
defendant proves that the defendant published the letter or statement within a
reasonable time after the request and in such a manner that it was likely to
come to the notice of the same general audience as the copy document, report
or summary.

(4) This section does not limit or abridge any privilege existing by law.

Note This section re-enacts section 5A of the Wrongs Act 1958.".

3. Wrongs Act 1958



3.1. In the heading to Part I, for "DEFAMATORY WORDS AND LIBEL" substitute
"CRIMINAL DEFAMATION".

3.2. Sections 3A, 5, 5A, 6, 7, 8 and 12 are repealed.





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