Page 3870 - Week 10 - Wednesday, 27 August 2008

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(1) In this Act:

public participation means conduct that a reasonable person would consider is intended (in whole or part) to influence public opinion, or promote or further action by the public, a corporation or government entity in relation to an issue of public interest.

(2) However, public participation does not include conduct—

(a) that contravenes a court order or constitutes contempt of court; or

(b) that constitutes unlawful vilification under the Discrimination Act 1991; or

(c) that causes, or is reasonably likely to cause, physical injury or damage to property; or

(d) that constitutes unlawful entry at residential premises; or

(e) that constitutes an offence punishable by imprisonment for longer than 12 months; or

(f) if—

(i) the conduct is communication by a party to an industrial dispute between an employer and employee, former employee, contractor or agent; and

(ii) the communication relates to the subject matter of the dispute; or

(g) that constitutes the advertising of goods or services for commercial purposes; or

(h) that incites others to engage in conduct mentioned in paragraphs (a), (b), (c), (d) or (e).

(3) Subsection (2) applies in relation to a person’s conduct whether or not the person has been convicted or found guilty of an offence for the conduct.


Clause 8

Page 5, line 10—

omit clause 8, substitute

8Application of Act

(1) This Act applies in relation to a civil proceeding in the Supreme Court or Magistrates Court in which the plaintiff may claim damages.

(2) However, this Act does not apply in relation to any of the following:

(a) a cause of action for defamation;

(b) a proceeding prescribed by regulation;

(c) a proceeding that is started in the Supreme Court or Magistrates Court before the day this Act commences.

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