Meaning of qualified privilege
(1) Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person: (a) has qualified privilege in proceedings for defamation; or (b) is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person; as the case requires, in respect of that act, matter or thing. (2) In subsection (1): malice includes ill will to the person concerned or any other improper motive. (3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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