Australian Capital Territory Repealed Acts

This legislation has been repealed.

DEFAMATION ACT 1901 NO 22 - SECT 13

    (1)     On the trial of any indictment or information for a defamatory libel, the defendant having pleaded such plea as is hereinafter mentioned, the truth of the matters charged may be inquired into, but shall not amount to a defence unless it was for the public benefit that the said matters should be published.

    (2)     To entitle the defendant to give evidence of the truth of the said matters as a defence to such indictment or information, it shall be necessary for the defendant in pleading to the said indictment or information to allege—

        (a)     the truth of the said matters in the manner now required in pleading the truth of matters under section 6 in an action for defamation; and

        (b)     that it was for the public benefit that the said matters should be published; and

        (c)     the particular fact or facts by reason whereof it was for the public benefit that the said matter should be published.

    (3)     To such plea, the prosecutor may reply generally denying the whole thereof.