Bankruptcy Regulations 1996

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 3 - Miscellaneous  

REGULATION 13.08   IMMUNITY FROM DEFAMATION  

13.08(1)    
The Inspector-General, and any officer acting at the direction or with the authority of the Inspector-General, have immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index.

13.08(2)    
An officer has immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index, if the publication was done:

(a) by an officer acting in the course of his or her duty; and

(b) in good faith.

13.08(3)    
A person who provides material for entry in the Index has immunity from actions for defamation arising out of publication of the material by way of providing it for such inclusion, publication of the material in the Index or publication of extracts of the material from the Index, if the publication was done:

(a) in the performance of a function or duty under these Regulations or any other law of the Commonwealth; and

(b) in good faith.

13.08(4)    
Nothing in subregulation (2) or (3) affects by implication the generality of subregulation (1).

13.08(5)    
The immunity of the Inspector-General or another officer under this regulation arising out of publication of material extends to the Commonwealth and the Official Trustee to the extent that the Commonwealth or the Official Trustee would, apart from this subregulation, be liable in respect of the publication.

13.08(6)    
Nothing in this regulation affects by implication any other ground of defence.