Defamation (Criminal Proceedings) Act 2001 (repealed)
A2001-88
Republication No 5
Effective: 23 February 2006
Republication date: 23 February 2006
As repealed by A2006-1 s 23
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Defamation (Criminal Proceedings) Act 2001 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 23 February 2006.
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.
This republication does not include amendments 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.
Defamation (Criminal Proceedings) Act 2001 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
Notes 2
Part 4Criminal proceedings
Division 4.1 Defamatory libel
Application of div 4.1 3
Meaning of victim in div 4.1 3
Malicious publication of defamatory libel 3
Beginning of prosecution 3
Publication of matters of public concern 4
Publication under contract 4
Plea of truth and public benefit 5
Effect of plea and evidence 5
Truth as a defence 5
Plea of not guilty 6
Defence of absence of authority, knowledge etc 6
Defence—defendant not negligent 6
Division 4.2 Other libels and related offences
Libel etc with intent to extort money or obtain a
benefit 7
Part 5Miscellaneous
Scope of defences not limited 8
Dictionary