Section 1 — Short title — Defamation Act 2005 (Western Australia) — Barrister AI

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Section 1 — Short title — Defamation Act 2005 (Western Australia) — Barrister AI

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s 1Short title s 2Commencement s 3Objects of Act s 4Terms used in this Act s 5Act to bind Crown s 6Tort of defamation s 7Distinction between slander and libel abolished s 8Single cause of action for multiple defamatory imputations in same matter s 9Certain corporations do not have cause of action for defamation s 10No causes of action for defamation of, or against, deceased persons s 11Choice of law for defamation proceedings s 12Application of Division s 13Publisher may make offer to make amends s 14When offer to make amends may be made s 15Content of offer to make amends s 16Withdrawal of offer to make amends s 17Effect of acceptance of offer to make amends s 18Effect of failure to accept reasonable offer to make amends s 19Inadmissibility of evidence of certain statements and admissions s 20Effect of apology on liability for defamation s 21Election for defamation proceedings to be tried by jury s 22Roles of judicial officers and juries in defamation proceedings s 23Leave required for further proceedings in relation to publication of same defamatory matter s 24Scope of defences under general law and other law not limited s 25Defence of justification s 26Defence of contextual truth s 27Defence of absolute privilege s 28Defence for publication of public documents s 29Defences of fair report of proceedings of public concern s 30Defence of qualified privilege for provision of certain information s 31Defences of honest opinion s 32Defence of innocent dissemination s 33Defence of triviality s 34Damages to bear rational relationship to harm s 35Damages for non‑economic loss limited s 36State of mind of defendant generally not relevant to awarding damages s 37Exemplary or punitive damages cannot be awarded s 38Factors in mitigation of damages s 39Damages for multiple causes of action may be assessed as single sum s 40Costs in defamation proceedings s 41Proof of publication s 42Proof of convictions for offences s 43Incriminating answers, documents or things s 44Giving of notices and other documents s 45Regulations s 46Repeal of existing legislation s 47The Criminal Code amended s 48Savings, transitional and other provisions NotesNotes Compilation tableCompilation table Defined termsDefined terms

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This is the Defamation Act 2005.

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