National Consumer Credit Protection Act 2009

CHAPTER 1 - INTRODUCTION  

PART 1-2 - DEFINITIONS  

Division 4 - Other definitions  

SECTION 16   QUALIFIED PRIVILEGE  

16(1)   [ Qualified privilege for defamation]  

If this Act provides that a person has qualified privilege in relation to an act, matter or thing, then 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;

in relation to that act, matter or thing.

16(2)   [ Definition of " malice " ]  

Malice includes ill will to the person concerned or any other improper motive.

16(3)   [ No limit or affect on other right, privilege or immunity]  

Neither this section nor a provision of this Act that provides as referred to 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.




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