Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Meaning of some other expressions  

View history reference

 View history note

 Hide history note

History

Div 7 renumbered from div 6A by No 76 of 2023, s 3, Sch 2[51] (effective 20 October 2023).

Former div 6A inserted by No 96 of 2010, s 3, Sch 1, Pt 1 [ 10].

SECTION 89   MEANING OF QUALIFIED PRIVILEGE  

89(1)    
Where this Act 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)    
In subsection (1) :

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

89(3)    
Neither this section nor a provision of this Act 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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.