THE CORPORATIONS LAW

CHAPTER 1 - INTRODUCTORY

PART 1.2 - INTERPRETATION

Division 7 - Interpretation of other expressions

SECTION 89   QUALIFIED PRIVILEGE  

89(1)  [Defamation]  

Where this Law provides that a person has qualified privilege in respect of an act, matter or thing, the person:

(a)  has qualified privilege in proceedings for defamation; or

(b)  is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;

as the case requires, in respect of that act, matter or thing.

89(2)  [Meaning of ``malice'']  

In subsection (1):

``malice'' includes ill will to the person concerned or any other improper motive.

89(3)  [Rights not limited]  

Neither this section nor a provision of this Law that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.