Australian Capital Territory
Defamation Act 2001      No 88
Republication No 2
Republication date: 27 September 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Defamation Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 September 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Defamation Act 2001

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	3	Definitions—the dictionary	2
	4	Notes	2
Part 2	Resolution of disputes without litigation
	5	Application of pt 2	3
	6	Offer to make amends (UK s 2)	3
	7	What is a reasonable offer to make amends?	5
	8	Acceptance of offer to make amends	5
	9	False or misleading statement in correction	6
	10	Offer to make amends not accepted	6
	11	Order to vindicate reputation if offer not made	6
Part 3	Rules governing litigation of civil claims
	12	Application of pt 3	8
	13	Meaning of published matter in pt 3	8
	14	Slander actionable without special damage (1901 s 3)	8
	15	Plaintiff’s character not likely to be injured (1901 s 4)	8
	16	Defence of truth and public benefit (1901 s 6)	8
	17	Publication of a proceeding of public concern (1909 s 5)	8
	18	Publication of public document (1909 s 5A)	12
	19	Publication under contract (1909 s 6)	14
	20	Evidence of apology admissible in mitigation (1901 s 5)	14
	21	Payment into court (1901 s 7)	15
	22	Defence of apology and payment into court (1901 s 8)	15
	23	Defence—defendant not negligent	15
	24	Compensation etc provable in mitigation (1909 s 7)	15
	25	Damages	16
	26	Disclosure of name of contributor (1909 s 11)	16
Part 4	Criminal proceedings
Division 4.1	Defamatory libel
	27	Application of div 4.1	17
	28	Meaning of victim in div 4.1	17
	29	Malicious publication of defamatory libel (1901 s 11 and s 12)	17
	30	Beginning of prosecution (1909 s 4)	17
	31	Publication of matters of public concern (1909 s 5)	18
	32	Publication under contract (1909 s 6)	18
	33	Plea of truth and public benefit (1901 s 13)	19
	34	Effect of plea and evidence (1901 s 14)	19
	35	Truth as a defence (1901 s 15)	20
	36	Plea of not guilty (1901 s 16)	20
	37	Defence of absence of authority, knowledge etc (1901 s 17)	20
	38	Defence—defendant not negligent	20
Division 4.2	Other libels and related offences
	39	Libel etc with intent to extort money or obtain a
benefit (1901 s 10)	21
Part 5	Miscellaneous
	40	Scope of defences not limited	23
	41	Time not to be enlarged except by leave	23
	42	 Review of certain provisions of Act	23
Dictionary		24
Endnotes
	1	About the endnotes	26
	2	Abbreviation key	26
	3	Legislation history	27
	4	Amendment history	27
	5	Earlier republications	29

Amendments incorporated to
17 September 2002

Australian Capital Territory
Defamation Act 2001

An Act about defamation, and for other purposes

    

Part 1	Preliminary
    
1	Name of Act 
This Act is the Defamation Act 2001.
3	Definitions—the dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions elsewhere in this Act or in other legislation.
For example, the signpost definition ‘aggrieved person—see section 5.’ means that the expression ‘aggrieved person’ is defined in section 5 and the definition applies to other provisions of this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
4	Notes
	(1)	A note in this Act is explanatory and is not part of this Act.
	(2)	In this section—
note includes material enclosed in brackets in section headings.
Note	For comparison, a number of sections of this Act contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of other Acts.  Abbreviations in the notes include the following:
•	1901:  Defamation Act 1901
•	1909: Defamation (Amendment) Act 1909 
•	UK: Defamation Act 1996 (UK)
	(3)	Subsection (2), the notes mentioned in subsection (2), and this subsection expire 3 years after this section commences.

Part 2	Resolution of disputes without litigation
    
5	Application of pt 2
	This part applies if a person (the publisher) publishes matter (the matter in question) that is or may be defamatory of another person (the aggrieved person).
6	Offer to make amends (UK s 2)
	(1)	The publisher may offer to make amends to the aggrieved person.
	(2)	The offer may be in relation to—
	(a)	the matter in question generally; or
	(b)	a particular defamatory meaning that the publisher accepts that the matter in question has (a qualified offer).
	(3)	The offer to make amends—
	(a)	must be in writing; and
	(b)	must be readily identifiable as an offer to make amends under this section; and
	(c)	must include an offer to publish, or join in publishing, a reasonable correction (if any) of the matter in question; and
	(d)	must include an offer to publish, or join in publishing, a reasonable apology (if any) in relation to the matter; and
	(e)	if material containing the matter has been given to someone else by the publisher or with the publisher’s knowledge—must include an offer to take, or join in taking, reasonable steps to tell the other person that the matter is or may be defamatory of the aggrieved person; and
	(f)	must state whether it is a qualified offer and, if so, set out the defamatory meaning in relation to which it is made; and
	(g)	must include an offer to pay the expenses incurred by the aggrieved person; and
	(h)	may include particulars of any correction or apology made, or action taken, before the date of offer; and
	(i)	may include an offer to pay compensation for any economic loss of the aggrieved person; and
	(j)	may include an offer to pay compensation for the harm to the aggrieved person’s reputation only if the matter in question imputes criminal behaviour by the aggrieved person.
	(4)	For subsection (3) (i) or (j), an offer to pay compensation may be in any of the following forms:
	(a)	an offer to pay a stated amount;
	(b)	an offer to pay an amount to be agreed between the publisher and the aggrieved person or, if an agreement is not made, the amount decided by a court; 
	(c)	an offer to pay the amount decided by a court;
	(d)	an offer to—
	(i)	enter into an arbitration agreement within the meaning of the Commercial Arbitration Act 1986; and 
	(ii)	pay the amount decided by the arbitrator or, if an arbitration agreement is not made, the amount decided by a court.
	(5)	The publisher may not make an offer to make amends after the earlier of—
	(a)	the end of 14 days after the day the aggrieved person tells the publisher that the matter in question is or may be defamatory of the person; or
	(b)	the service by the publisher of a defence in an action brought against the publisher by the aggrieved person in relation to the matter in question.
	(6)	If 2 or more persons published the matter in question, an offer to make amends by 1 or more of them does not affect the liability of the other or others.
	(7)	An offer to make amends may be withdrawn before it is accepted and the renewal of a withdrawn offer is to be regarded as a new offer.
7	What is a reasonable offer to make amends?
	(1)	In deciding whether an offer to make amends is reasonable, a court must have regard to any correction or apology published before any trial arising out of the matter in question, including the extent to which the correction or apology is brought to the attention of the audience of the matter in question having regard to—
	(a)	the prominence given to the correction or apology as published in comparison to the prominence given to the matter in question as published; and
	(b)	the period that elapses between publication of the matter in question and publication of the correction or apology.
	(2)	However, subsection (1) does not limit the matters that the court may take into account in deciding whether an offer to make amends is reasonable.
8	Acceptance of offer to make amends
	(1)	If an offer to make amends is accepted, a court may—
	(a)	order the publisher to pay the aggrieved person the expenses incurred by the aggrieved person in accepting and performing the agreement made by acceptance of the offer (the amends agreement); and
	(b)	on the application of a party to the amends agreement, decide the amount of compensation mentioned in section 6 (4) (b), (c) or (d).
	(2)	If a question arises about what must be done to perform the amends agreement, the court may decide the question on the application of either party.
	(3)	If the publisher performs the amends agreement (including paying any compensation under the agreement) the aggrieved person must not begin or continue an action against the publisher in relation to the matter in question.
9	False or misleading statement in correction
	The publisher must not knowingly make a statement in a correction published in purported compliance with the amends agreement that is false or misleading in a material particular.
Maximum penalty:  200 penalty units.
10	Offer to make amends not accepted
	If an offer to make amends is made in relation to the matter in question but is not accepted, it is a defence to an action against the publisher in relation to the matter if—
	(a)	the publisher made the offer as soon as practicable after becoming aware that the matter is or may be defamatory; and
	(b)	at any time before the trial the publisher was ready and willing, on acceptance of the offer by the aggrieved person, to perform the terms of the offer; and
	(c)	in all the circumstances the offer was reasonable.
11	Order to vindicate reputation if offer not made
	(1)	If an offer to make amends is not made, or no reasonable offer of amends is made, in relation to the matter in question, the aggrieved person may apply to the Supreme Court for an order to vindicate his or her reputation.
	(2)	The order may only be sought if the aggrieved person has given the publisher at least 7 days written notice of intention to apply to the Supreme Court for an order to vindicate his or her reputation.
	(3)	The notice must contain sufficient information to identify the matter in question.
	(4)	An order under subsection (1) does not prevent the aggrieved person bringing an action.

Part 3	Rules governing litigation of civil claims
    
12	Application of pt 3
This part applies in relation to an action for defamation.
13	Meaning of published matter in pt 3
published matter, in relation to an action against a defendant for the publication of matter that is or may be defamatory, means the matter so published.
14	Slander actionable without special damage (1901 s 3)
Slander is actionable without special damage in the same way and to the same extent as libel is actionable without special damage.
15	Plaintiff’s character not likely to be injured (1901 s 4)
It is a defence if the defendant establishes that the circumstances of publication were such that the plaintiff was unlikely to suffer harm.
16	Defence of truth and public benefit (1901 s 6)
It is a defence if the defendant establishes—
	(a)	the truth of the published matter in accordance with the common law; and
	(b)	that it was for the public benefit that the matter should be published.
17	Publication of a proceeding of public concern (1909 s 5)
	(1)	It is a defence if the defendant establishes that the published matter was, or was contained in, a fair report of a proceeding of public concern.
	(2)	It is a defence if the defendant establishes that—
	(a)	the published matter was, or was contained in, an earlier published report of a proceeding of public concern; and
	(b)	the published matter was, or was contained in, a copy of, a fair summary of, or a fair extract from, the earlier published report; and
	(c)	the defendant had no knowledge that would reasonably make him or her aware that the earlier published report was not fair.
	(3)	A defence established under subsection (1) or (2) is excluded if, and only if, the plaintiff satisfies the court that the publication was not in good faith for the information of the public or the advancement of education.
	(4)	In this section, a proceeding of public concern is any of the following:
	(a)	a proceeding in public of a parliamentary body;
	(b)	a proceeding in public of an international organisation of any countries or of governments of any countries;
	(c)	a proceeding in public of an international conference at which governments of any countries are represented;
	(d)	a proceeding in public of—
	(i)	the International Court of Justice, or any other judicial or arbitral tribunal, for the decision of any matter in dispute between nations; or
	(ii)	any other international judicial or arbitral tribunal;
	(e)	a proceeding in public of—
	(i)	a court of any country; or
	(ii)	an arbitral tribunal;
	(f)	a proceeding in public of an inquiry held under the law of any country or under the authority of the government of any country;
	(g)	a proceeding of a learned society, or of a committee or governing body of the society, under its principal objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
	(i)	a member or members of the society; or
	(ii)	a person subject by contract or otherwise by law to control by the society;
	(h)	a proceeding of a sport or recreation association, or of a committee or governing body of the association, under its major objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
	(i)	a member or members of the society; or
	(ii)	a person subject by contract or otherwise by law to control by the association;
	(i)	a proceeding of a trade association, or of a committee or governing body of the association, under its relevant objects if the proceeding relates to a decision or adjudication made in Australia particularly concerning—
	(i)	a member or members of the society; or
	(ii)	a person subject by contract or otherwise by law to control by the association;
	(j)	a proceeding of a public meeting (with or without restriction on the persons attending) held anywhere in Australia if the proceeding relates to a matter of public interest, including the advocacy or candidature of a person for public office;
	(k)	a proceeding of an ombudsman of any country if the proceeding relates to a report of the ombudsman;
	(l)	a proceeding in public of a law reform body of any country, or proceedings in public at an inquiry conducted by a law reform body of any country.
	(5)	In this section—
law reform body means a body (however described and whether or not permanent or full-time) whose functions in relation to the law of a country are similar to those of the Australian Law Reform Commission in relation to the law of the Commonwealth.
learned society means a body, wherever formed—
	(a)	the objects of which include the advancement of any art, science or religion or the advancement of learning in any field (the principal objects); and
	(b)	that is authorised by its constitution—
	(i)	to exercise control over, or adjudicate on, matters connected with its principal objects; and
	(ii)	to make findings or decisions having effect, by law or custom, in any part of Australia.
ombudsman includes an officer (however described) whose duties are similar to those of the ombudsman of the Territory.
sport or recreation association means a body, wherever formed—
	(a)	the objects of which include the promotion of any game, sport, or pastime to the playing of which or exercise of which the public is admitted as spectators or otherwise and the promotion or protection of the interests of persons connected with the game, sport, or pastime (the major objects); and
	(b)	that is authorised by its constitution—
	(i)	to exercise control over, or adjudicate on, matters connected with the game, sport, or pastime; and
	(ii)	to make findings or decisions having effect, by law or custom, in any part of Australia.
trade association means a body, wherever formed—
	(a)	the objects of which include the promotion of any calling, that is to say, a trade, business, industry or profession and the promotion or protection of the interests of persons engaged in any calling (the relevant objects); and
	(b)	that is authorised by its constitution—
	(i)	to exercise control over, or adjudicate on, matters connected with a calling or the conduct of persons engaged in the calling; and
	(ii)	to make findings or decisions having effect, by law or custom, in any part of Australia.
18	Publication of public document (1909 s 5A)
	(1)	It is a defence if the defendant establishes that the published matter was contained in—
	(a)	a public document or a fair copy of a public document; or
	(b)	a fair summary of, or a fair extract from, a public document.
	(2)	For subsection (1), if a report or other document under the law of a country would be a public document except for compliance with a provision of that law about—
	(a)	the form of the report or document; or
	(b)	the content of the report or document; or
	(c)	the time within which the report or document is prepared, or presented, submitted, tabled or laid to or before an entity;
the report or document is a public document despite that noncompliance.
	(3)	A defence established under subsection (1) is excluded if, and only if, the plaintiff satisfies the court that the published matter was not published in good faith for the information of the public or the advancement of education.
	(4)	In this section—
Australian jurisdiction means the Territory, the Commonwealth or a State or another Territory.
Australian record or document means a record or document kept–
	(a)	by an Australian jurisdiction; or
	(b)	by a statutory authority of an Australian jurisdiction; or
	(c)	by a court of an Australian jurisdiction; or
	(d)	under legislation of an Australian jurisdiction.
entity includes a parliamentary body.
judgment includes a decree or order.
public document means any of the following:
	(a)	a report or paper published by a parliamentary body, or a record of votes, debates or other proceedings relating to a parliamentary body published under the authority of the body;
	(b)	a judgment of a court of any country in a civil proceeding, or a record of the court relating to the judgment or to its enforcement or satisfaction;
	(c)	a report, or other document, that under the law of any country—
	(i)	is authorised to be published; or
	(ii)	is required to be presented or submitted to, tabled in, or laid before, a parliamentary body;
	(d)	a document issued by the government or a local government of a country, or by an officer, employee or agency of the country or local government, for the information of the public;
	(e)	an Australian record or document that is open to inspection by the public;
	(f)	a report of a tribunal about its decision and the reasons for its decision.
publication, of matter, includes publication in a way that the matter will become accessible or will be broadcast or sent to other people through a computer network. 
19	Publication under contract (1909 s 6)
	(1)	It is a defence if the defendant establishes that the publication of the published matter was a reasonable publication under a contract.
	(2)	For subsection (1), a publication is reasonable if—
	(a)	the publication was in answer to an inquiry made under the contract; and
	(b)	the published matter was relevant to the subject of the inquiry; and
	(c)	the manner and extent of the publication were reasonable; and
	(d)	the defendant was not motivated by ill will to the plaintiff, or by any other improper motive; and
	(e)	the defendant had, at the time of publication, reasonable grounds to believe the published matter to be true.
20	Evidence of apology admissible in mitigation (1901 s 5)
	(1)	If an offer to make amends has not been made, the defendant may mitigate damages by giving evidence of any apology made or offered by the defendant to the plaintiff before the beginning of the action or as soon as practicable afterwards.
	(2)	The defendant may give the evidence only if the defendant gave written notice to the plaintiff of his or her intention to do so when filing or delivering his or her defence in the action.
21	Payment into court (1901 s 7)
	The defendant, or 1 or more of several defendants, may pay into court an amount by way of compensation, satisfaction and amends.
22	Defence of apology and payment into court (1901 s 8)
	(1)	The defendant may plead that the published matter that is or may be a libel was published without actual malice and without gross negligence, and that before the action was begun or as soon as practicable afterwards, the defendant published a full apology for the libel or, if this was not possible, had offered to publish an apology in a way to be selected by the plaintiff.
	(2)	The defendant, after filing a defence under subsection (1), may pay into court an amount by way of amends for the libel.
23	Defence—defendant not negligent
	(1)	It is a defence if the defendant establishes that the published matter (other than any published matter imputing criminal behaviour) was not published negligently.
	(2)	For subsection (1), it is sufficient if—
	(a)	the defendant establishes that the defendant took reasonable steps to ensure the accuracy of the published matter; and
	(b)	the defendant gave the plaintiff a reasonable opportunity to comment on the published matter before it was published.
24	Compensation etc provable in mitigation (1909 s 7)
	At the trial, the defendant may give evidence, in mitigation of damages, that the plaintiff has already recovered, or has brought an action for damages, or has received or agreed to receive compensation in relation to the published matter.
25	Damages
	In deciding the amount of damages to be awarded, a court must—
	(a)	ensure that there is an appropriate and rational relationship between the relevant harm and the amount of damages awarded; and
	(b)	take into account the ordinary level of general damages component in personal injury awards in the ACT.
26	Disclosure of name of contributor (1909 s 11)
	(1)	If the published matter is an article, letter, report, or writing published in a newspaper, the plaintiff may ask the editor of the newspaper to give to the plaintiff the name and address of the person who supplied the article, letter, report, or writing to the newspaper.
	(2)	The editor may comply with the request.
	(3)	If the editor does not comply with the request within 14 days, the plaintiff may apply to a court who may, after hearing the proprietor, direct that the name and address be given to the person.
	(4)	In this section:
newspaper includes any newspaper, review, magazine, or other writing or print, published periodically.

Part 4	Criminal proceedings
Division 4.1	Defamatory libel
27	Application of div 4.1
	This division applies in relation to a prosecution for the malicious publication of a defamatory libel.
28	Meaning of victim in div 4.1
	In this division:
victim, in relation to matter that has been published, means the person, or any of the persons, who is or may be defamed by the matter.
29	Malicious publication of defamatory libel (1901 s 11 and s 12)
	A person must not maliciously publish a defamatory libel (whether or not the person knows it is false).
Maximum penalty:  300 penalty units, imprisonment for 3 years or both.
30	Beginning of prosecution (1909 s 4)
	(1)	A prosecution may only be begun with the order of a judge.
	(2)	An application for an order may only be made on notice to the person accused.
	(3)	The person accused must be given an opportunity of being heard against the application.
31	Publication of matters of public concern (1909 s 5)
	(1)	It is a defence if the defendant establishes that the publication by the defendant was—
	(a)	a fair report of a proceeding of public concern; or
	(b)	a fair copy of a public document or a fair summary of, or a fair extract from, a public document;
made by the defendant in good faith for the information of the public.
	(2)	For subsection (1), if a report or other document under the law of a country would be a public document except for compliance with a provision of that law about—
	(a)	the form of the report or document; or
	(b)	the content of the report or document; or
	(c)	the time within which the report or document is prepared, or presented, submitted, tabled or laid to or before an entity;
the report or document is a public document despite the noncompliance.
	(3)	In this section:
entity—see section 18 (4).
proceeding of public concern—see section 17 (4).
public document—see section 18 (4).
publication—see section 18 (4).
32	Publication under contract (1909 s 6)
	(1)	It is a defence if the defendant establishes that the publication by the defendant was a reasonable publication under a contract.
	(2)	For subsection (1), a publication is reasonable if—
	(a)	the publication was in answer to an inquiry made under the contract; and
	(b)	the matter published was relevant to the subject of the inquiry; and
	(c)	the manner and extent of the publication were reasonable; and
	(d)	the defendant was not motivated by ill will to the victim, or by any other improper motive; and
	(e)	the defendant had, at the time of publication, reasonable grounds to believe the matter to be true.
33	Plea of truth and public benefit (1901 s 13)
	(1)	The defendant may only give evidence of the truth of the matter charged as a defence if the defendant, in pleading to the indictment or information, alleges—
	(a)	that it was for the public benefit that the matter should be published; and
	(b)	the facts that provide the basis for the public benefit; and
	(c)	the truth of the facts.
	(2)	If the defendant pleads as provided in subsection (1), the truth of the matters charged may be inquired into, but is a defence only if it was for the public benefit that the matter should be published.
	(3)	The prosecutor may reply generally to the plea by denying the whole of it.
34	Effect of plea and evidence (1901 s 14)
	If the defendant is convicted after pleading as provided in section 33, the court in sentencing the defendant may consider whether the guilt of the defendant is aggravated or mitigated by the plea and by the evidence given to prove or to disprove the plea.
35	Truth as a defence (1901 s 15)
	The truth of the matters charged in the alleged libel may only be inquired into if the defendant has pleaded as provided in section 33.
36	Plea of not guilty (1901 s 16)
	In addition to the plea provided for in section 33, the defendant may plead not guilty.
37	Defence of absence of authority, knowledge etc (1901 s 17)
	If, at a trial, evidence is given under the plea of not guilty that establishes a presumptive case of publication against the defendant by someone under the defendant’s authority, the defendant may prove that the publication was made without the defendant’s authority, consent, or knowledge, and did not arise from lack of appropriate care or caution by the defendant.
38	Defence—defendant not negligent
	(1)	It is a defence in relation to the publication of matter that is or may be defamatory (other than any matter imputing criminal behaviour) if the defendant establishes that he or she was not negligent in publishing the matter.
	(2)	For subsection (1), it is sufficient if the defendant establishes—
	(a)	that if the victim had proceeded against the defendant in an action for negligence—
	(i)	the defendant would not have owed a duty of care to the victim; or
	(ii)	the defendant would not have breached a duty of care owed to the victim; or
	(b)	that, because of the publication, the victim did not suffer or is not likely to suffer harm; or
	(c)	the defendant took reasonable steps to ensure the accuracy of the publication.
Division 4.2	Other libels and related offences
39	Libel etc with intent to extort money or obtain a
benefit (1901 s 10)
	(1)	A person must not publish, or threaten to publish, a libel with intent to extort money or to induce or procure an appointment.
Maximum penalty:  300 penalty units, imprisonment for 3 years or both.
	(2)	A person must not directly or indirectly threaten to print or publish anything affecting a person with intent to extort money or to induce or procure an appointment.
Maximum penalty:  300 penalty units, imprisonment for 3 years or both.
	(3)	A person must not directly or indirectly propose to abstain from printing or publishing anything affecting a person with intent to extort money or to induce or procure an appointment.
Maximum penalty:  300 penalty units, imprisonment for 3 years or both.
	(4)	A person must not directly or indirectly offer to prevent the printing or publishing of anything affecting a person with intent to extort money or to induce or procure an appointment.
Maximum penalty:  300 penalty units, imprisonment for 3 years or both.
	(5)	This section does not affect any other law relating to the sending or giving of threatening letters or writings.
	(6)	In this section:
appointment includes an office of profit or trust.
money includes security for money or valuable thing.

Part 5	Miscellaneous
    
40	Scope of defences not limited
	A defence under this Act is additional to any other defence available to the defendant and does not limit any other defence.
41	Time not to be enlarged except by leave
	The time for delivering, amending, or filing any pleading or document in an action for defamation in a court may be enlarged only with the leave of the court.
42		Review of certain provisions of Act
	(1)	The Minister must review the operation of part 2 (Resolution of disputes without litigation) and section 23 (Defence—defendant not negligent) after these provisions have been operating for 2 years.
	(2)	The Minister must present to the Legislative Assembly a report of the review within 6 months after the review begins.
	(3)	This section expires on 1 January 2005.

Dictionary
(see s 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	entity
·	the Territory.
action means an action for defamation.
aggrieved person, for part 2 (Resolution of disputes without litigation)—see section 5.
amends agreement, for part 2 (Resolution of disputes without litigation)—see section 8 (1).
country includes a federation, and a state, territory, province or other part of a federation.
court, in relation to an action for defamation, means a court of competent jurisdiction.
defamation means libel or slander.
matter in question, for part 2 (Resolution of disputes without litigation)—see section 5.
offer to make amends means an offer under section 6.
parliamentary body means any of the following:
	(a)	a parliament or legislature of any country;
	(b)	a house of a parliament or legislature of any country;
	(c)	a committee of a parliament or legislature of any country;
	(d)	a committee of a house or houses of a parliament or legislature of any country.
published matter, for part 3 (Rules governing litigation of civil claims)—see section 13.
publisher, for part 2 (Resolution of disputes without litigation)—see section 5.
qualified offer, for part 2 (Resolution of disputes without litigation)—see section 6 (2).
tribunal means a tribunal of any country.
victim, for division 4.1 (Defamatory libel)—see section 28.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Defamation Act 2001 No 88
notified LR 24 September 2001
s 1, s 2 commenced 24 September 2001 (LA s 75)
remainder commenced 1 July 2002 (s 2)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.16
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.16 commenced 17 September 2002 (s 2 (1))
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Notes
s 4	s 4 (2), (3) exp 1 July 2005 (s 4 (3))
Offer to make amends
s 6 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Slander actionable without special damage
s 14 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Plaintiff’s character not likely to be injured
s 15 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Defence of truth and public benefit
s 16 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Publication of a proceeding of public concern
s 17 hdg	bracketed note exp 1 July 2005 (s 4 (3))
	am 2002 No 30 amdt 3.209
Publication of public document
s 18 hdg	bracketed note exp 1 July 2005 (s 4 (3))
	am 2002 No 30 amdt 3.210, amdt 3.211
	def publication ins 2002 No 30 amdt 3.212
Publication under contract
s 19 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Evidence of apology admissible in mitigation
s 20 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Payment into court
s 21 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Defence of apology and payment into court
s 22 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Compensation etc provable in mitigation
s 24 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Disclosure of name of contributor
s 26 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Malicious publication of defamatory libel
s 29 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Beginning of prosecution
s 30 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Publication of matters of public concern
s 31 hdg	bracketed note exp 1 July 2005 (s 4 (3))
	am 2002 No 30 amdt 3.213
Publication under contract
s 32 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Plea of truth and public benefit
s 33 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Effect of plea and evidence
s 34 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Truth as a defence
s 35 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Plea of not guilty
s 36 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Defence of absence of authority, knowledge etc
s 37 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Libel etc with intent to extort money or obtain a benefit
s 39 hdg	bracketed note exp 1 July 2005 (s 4 (3))
Review of certain provisions of Act
s 42	exp 1 January 2005 (s 42 (3))
Repeal and consequential amendments
s 43	om LA s 89 (3)
Dictionary
dict	am 2002 No 30 amdt 3.214
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 July 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002