Defamation Act 2005

This section applies if – a person (the first publisher) publishes matter to the public that is alleged to be defamatory (the first publication); and the first publisher, or an associate of the first publisher, subsequently publishes (whether or not to the public) matter that is substantially the same.

Any cause of action for defamation against the first publisher, or an associate of the first publisher, in respect of the subsequent publication is to be treated as having accrued on the date of the first publication for the purposes of determining when – the limitation period applicable under section 20A begins; or the extended limitation period referred to in section 20AC(2) begins.

Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.

In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to) – the level of prominence that a matter is given; and the extent of the subsequent publication.

For the avoidance of doubt, this section does not limit the power of a court under section 20AC to extend the limitation period applicable under section 20A.

In this section – associate of a first publisher means – an employee of the publisher; or a person publishing matter as a contractor of the publisher; or an associated entity (within the meaning of section 50AAA of the Corporations Act 2001 of the Commonwealth) of the publisher (or an employee or contractor of the associated entity); date of the first publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient; public includes a section of the public.