Defamation Act 2005 (TAS)

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Defamation Act 2005

An Act to modify the general law relating to the tort of defamation, to repeal the Defamation Act 1957, to amend the Justices Act 1959 and the Criminal Code Act 1924 and for other purposes

[Royal Assent 9 December 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Defamation Act 2005. 2CommencementThis Act commences on a day to be proclaimed. 3Objects of ActThe objects of this Act are – (a) to enact provisions to promote uniform laws of defamation in Australia; and (b) to ensure that the law of defamation does not place unreasonable limits on freedom of expression and, in particular, on the publication and discussion of matters of public interest and importance; and (c) to provide effective and fair remedies for persons whose reputations are harmed by the publication of defamatory matter; and (d) to promote speedy and non-litigious methods of resolving disputes about the publication of defamatory matter. 4InterpretationIn this Act, unless the contrary intention appears – [Section 4 Amended by No. 16 of 2021, s. 4, Applied:12 Nov 2021] applicable period for an offer to make amends is defined by section 14; [Section 4 Amended by No. 16 of 2021, s. 4, Applied:12 Nov 2021] associated entity has the same meaning as in section 50AAA of the Corporations Act 2001 of the Commonwealth; 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; 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 or other special commission of inquiry); [Section 4 Amended by No. 16 of 2021, s. 4, Applied:12 Nov 2021] 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; court means – (a) the Supreme Court; or (b) the Magistrates Court; 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; [Section 4 Amended by No.…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.