THE CORPORATIONS LAW

CCH Note: Part 13 of the Corporations Act 1989, inserted by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as follows:

PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82
The Corporations Law is as follows:...

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.5 - FINANCIAL STATEMENTS AND AUDIT

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SECTION 1222 DEFAMATION

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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.

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