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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3817 ..
MR STEFANIAK (continuing):
Government Amendment 5 (Large amendment sheet)-Clause 7
This is a technical amendment to section 7 to clarify the operation of the provision. The amendment makes it clear that the Court must have regard to prominence and period of time in assessing reasonableness.Government Amendment 6 (Large amendment sheet)-Clause 7
This is a technical amendment to section 7 to make it clear that a court may consider other matters in addition to the two matters particularly emphasised in clause 7 (1)). Note that the Court is obliged to consider the offer generally (ie, the matters in section 6) under section 10 (1) (c).Government Amendment 7 (Large amendment sheet)-Clause 8
This amendment is consequential to amendment 3.Government Amendment 8 (Large amendment sheet)-Clause 10
This amendment corrects an error in the Bill. The reference to "Supreme Court" should have been a reference, generally to "court" as defamation actions can take place in any of a number of ACT Courts.Government Amendment 2 (Small amendment sheet)-Subclause 10 (2)
Subsection 10 (2) provides that if a reasonable offer to make amends is not accepted by an aggrieved person, the Court may order an aggrieved person to pay costs to the publisher on an indemnity basis. This provision was included in the Bill to emphasise the need for an aggrieved person to work towards the timely resolution of defamation issues.Provision has been made to delete subsection 10 (2). The provision has been criticised as potentially penalising an aggrieved person twice (having been defamed, if an aggrieved person did not accept a reasonable offer of amends but took the matter to court, if the aggrieved person lost then s/he would also be exposed to the costs of the publisher). The Government has agreed to delete this subclause because of these concerns but notes that the deletion will not adversely impact on the offer of amends scheme.
Government Amendment 9 (Large amendment sheet)-Clause 11
In clause 11, given the nature of the order, it is appropriate that the order is made by the Supreme Court, rather than an inferior court. This amendment corrects a reference to "court" in subsection (2) of the provision.Government Amendment 10 (Large amendment sheet)-Clause 16
In relation to the defence of truth, the Government has been persuaded to change its position. This amendment withdraws provisions designed to return the ACT to the common law position where truth alone is a defence.It specifically restores the defence of truth and public benefit.
Government Amendment 11 (Large amendment sheet)-Clause 22
Restores the defence of apology and payment into court.Government Amendment 12 (Large amendment sheet)-Clause 23
The Committee adopted a number of objections to the Government's Bill concerned about the technical complexity of section 23 dealing with a defence of negligence.
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