Defamation Act 1901 No 22
(repealed)
Republication No 3
Republication date: 2 July 2002
Amendments incorporated to 2 July 2002
As repealed by Act 2001 No 88
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Defamation Act 1901 (repealed). It includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Amendments incorporated to
2 July 2002
Defamation Act 1901 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Part 2Civil proceedings
Right of action for oral slander 3
Proviso where plaintiff’s character not likely to be injured 3
Evidence of apology admissible in mitigation 3
Truth no defence unless public benefit 4
Payment into court 4
Defence of apology and payment into court 4
Costs on verdict for less than $4 5
Part 3Criminal proceedings
Libel with intent to extort money 6
Malicious publication of false defamatory libel 6
Malicious publication of defamatory libel 7
Plea of truth and public benefit 7
Court may consider whether guilt aggravated by plea 7
Truth not a defence except under plea of justification…