THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.5 - FINANCIAL STATEMENTS AND AUDIT

SECTION 1222   DEFAMATION  

1222(1)  [Auditor's qualified privilege]  

An auditor of a futures broker has qualified privilege in respect of:

(a)  any statement made, orally or in writing, in the course of performing the duties of an auditor; or

(b)  the lodging of a report, or the sending of a report under section 1220 to the futures broker, a futures exchange, a clearing house for a futures exchange, or a futures association.

1222(2)  [Qualified privilege of futures exchange and others]  

A futures exchange, a clearing house for a futures exchange, a futures association, or an officer of a futures exchange, of a clearing house for a futures exchange, or of a futures association, has qualified privilege in respect of:

(a)  any statement made, orally or in writing, in the course of performing the duties imposed by section 1221; or

(b)  the lodging of any report with the Commission, or the sending of any report to a futures broker, under section 1221.

1222(3)  [Qualified privilege in respect of publishing]  

A person has qualified privilege in respect of the publishing of:

(a)  a statement made by an auditor of a futures broker as mentioned in paragraph (1)(a), or by a futures exchange, a clearing house for a futures exchange, a futures association, or an officer, as mentioned in paragraph (2)(a);

(b)  a document prepared by an auditor of a futures broker in the course of performing the duties of an auditor;

(c)  a document prepared by a futures exchange, a clearing house for a futures exchange, a futures association, or an officer of a futures exchange, of a clearing house for a futures exchange, or of a futures association, in the course of performing the duties imposed by section 1221; or

(d)  a document required by or under this Chapter to be lodged, whether or not the document has been lodged.