Queensland Legislation
Defamation Act 2005
An Act to provide in Queensland provisions promoting uniform laws of defamation in Australia and to repeal the Defamation Act 1889
Part 1 Preliminary
1 Short title This Act may be cited as the Defamation Act 2005.
2 Commencement This Act commences on 1 January 2006.
3 Objects of Act The objects of this Act are— (a) to enact provisions to promote uniform laws of defamation in Australia; and Note— To maximise uniformity between this Act and Acts enacted in other jurisdictions to promote uniform laws of defamation in Australia— • the numbers of some provisions that are not enacted in this jurisdiction have not been used in the numbering of this Act • this Act includes 3 references to schedules that are not enacted. (b) to ensure that the law of defamation does not place unreasonable limits on freedom of expression and, in particular, on the publication and discussion of matters of public interest and importance; and (c) to provide effective and fair remedies for persons whose reputations are harmed by the publication of defamatory matter; and (d) to promote speedy and non-litigious methods of resolving disputes about the publication of defamatory matter.
4 Interpretation (1) The dictionary in schedule 5 defines particular words used in this Act. (2) Notes do not form part of this Act.
5 Act binds all persons This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
Part 2 General principles
Division 1 Defamation and the general law
6 Tort of defamation (1) This Act relates to the tort of defamation at general law. (2) This Act does not affect the operation of the general law in relation to the tort of defamation except to the extent that this Act provides otherwise (whether expressly or by necessary implication). (3) Without limiting subsection (2), the general law as it is from time to time applies for the purposes of this Act as if the Defamation Act 1889 had never been enacted.
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