Qualified privilege
162 Qualified privilege
An auditor of a society has qualified privilege in relation to—
an oral or written statement made by the auditor while exercising functions as auditor of the society; and
the giving to the registrar of a notice or report, or a copy of any accounts.
A person has qualified privilege in relation to the publishing of—
a document that is prepared by an auditor of a society while exercising functions as auditor of the society and is required under this Act to be given to the registrar, whether or not the requirement has been complied with; and
an oral or written statement made by the auditor while exercising functions as auditor of the society.
This section does not limit or affect any other right, privilege or immunity that an auditor or other person has as a defendant in an action for defamation.
In this section—
malice includes ill-will to the person concerned or any other improper motive.
qualified privilege means that a person—
has qualified privilege in proceedings for defamation; or
is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.
This Act’s bill:Explanatory memorandum
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