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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3819..


MR STEFANIAK (continuing):

� simply reporting the fact that a statutory declaration has been made (if the report makes a defamatory imputation) does not satisfy the test in paragraph 23 (2) (a)-the media has not taken reasonable steps to ensure the accuracy of the published matter;

� simply repeating the content of a statutory declaration does not satisfy the test in paragraph 23 (2) (a)-the media has not taken reasonable steps to ensure the accuracy of the published matter; and

� simply repeating the allegation together with the response of a person obtained under paragraph 23 (2) (b) (to allow the reader to make up their own minds) does not satisfy the test in paragraph 23 (1) (a)-again, the media has not taken reasonable steps to ensure the accuracy of the published matter.

Government Amendment 13 (Large amendment sheet)-Clause 26

As Government Amendment 8.

Government Amendment 14 (Large amendment sheet)-Division 4.3

Division 4.3, which dealt with the procedural rules for summary proceedings in criminal defamation, is unnecessary (these issues are dealt with by modern provisions of general application). Accordingly, this amendment deletes it.

Government Amendment 15 (Large amendment sheet)-Clause 44

As Government Amendment 8.

Government Amendment 3 (Small amendment sheet) - New clause 44A

Provision has been made for the 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. The review must be placed in the Assembly within 6 months of the review commencing.

Government Amendment 16 (Large amendment sheet)-Clause 45

Technical, consequential on the passage of the Legislation Act 2001.

Government Amendment 17 (Large amendment sheet)-Dictionary

Inserts a definition of 'court' to make it clear that relevant applications can only be made to a court of competent jurisdiction.

Amendments agreed to.

Remainder of bill, as amended, agreed to.

Bill, as amended, agreed to.


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