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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3904 ..

Schedule 2

Defamation Bill 1999

Amendments circulated by Attorney General

1

Clause 4

Proposed new subclause (3)

Page 2, line 21-

At the end of the clause, add the following new subclause:

Subsection (2), the notes mentioned in subsection (2), and this subsection expire 3 years after this section commences.

2

Clause 6

Subclause (3) (g) and (h)

Page 3, line 27-

Omit paragraphs (3) (g) and (h), substitute the following new paragraphs:

(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.

3

Clause 6

Proposed new subclause (3A)

Page 3, line 30-

After subclause (3), insert the following subclause:

(3A) 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.

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