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s 5

Qualified privilege

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Part 1Preliminary
Division 2Qualified privilege

5 Qualified privilege

(1)

If this Act provides that a person has qualified privilege for an act, matter or thing, the person, in relation to the act, matter or thing —

(a)

has qualified privilege in proceedings for defamation; and

(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.

(2)

In subsection (1) —

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

(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 a defendant in proceedings, or an action, for defamation.

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