Australian Capital Territory Numbered Acts

CIVIL LAW (WRONGS) AMENDMENT ACT 2024 (NO. 19 OF 2024) - SECT 15

insert

Chapter 19     Transitional—Civil Law (Wrongs) Amendment Act 2024—absolute privilege

254     Absolute privilege amendments

    (1)     This section applies to the amendments made to this Act by the Civil Law (Wrongs) Amendment Act 2024 about the defence of absolute privilege (the absolute privilege amendments ) in its application to—

        (a)     publications to officials of police forces or services of Australian jurisdictions; or

        (b)     publications in circumstances specified in schedule 1A.

    (2)     The absolute privilege amendments apply to a post-commencement action.

    (3)     The existing law continues to apply despite the absolute privilege amendments to a pre-commencement action.

    (4)     In this section:

"commencement day" means the day the Civil Law (Wrongs) Amendment Act 2024 , section 15 commences.

"existing law", in relation to the absolute privilege amendments, means the law that would have applied if the amendments had not been enacted.

"post-commencement action", in relation to the absolute privilege amendments, means a cause of action for the publication of defamatory matter accruing on or after the commencement day.

"pre-commencement action", in relation to the absolute privilege amendments, means a cause of action for the publication of defamatory matter accruing before the commencement day.

255     Expiry—ch 19

This chapter expires 3 years after the day it commences.

Note     A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).