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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 779
Qualified privilege in respect of disciplinary proceedings
779. (1) In this section:
"disciplinary proceeding", in relation to a securities exchange, means:s of
dealing in eligible securities, or in securities including eligible
securities;
(a) a proceeding under the business rules of the securities exchange that
may result in the disciplining of a member of the securities exchange;
or
(b) an appeal under the business rules of the securities exchange from a
proceeding of a kind referred to in paragraph (a);
"disciplining", in relation to a member of a securities exchange, includes
expulsion from, or suspension of, membership of the securities exchange;
"member", in relation to a securities exchange, includes a person who is under
an obligation to comply with or enforce the business rules of the securities
exchange.
(2) A securites exchange, or a member, oficer or employee of a securities
exchange, has qualified privilege in respect of a statement made by a person,
orally or in writing, in the course of, or otherwise for the purposes of or in
connection with, a disciplinary proceeding of the securities exchange.
(3) Where:
(a) an Exchange subsidiary is acting on behalf of the Exchange; or
(b) an officer or employee of an Exchange subsidiary is acting on behalf
of the Exchange or of a member, officer or employee of the Exchange;
in connection with a disciplinary proceeding of the Exchange, the
Exchange subsidiary and an officer or employee of the Exchange
subsidiary have qualified privilege in respect of a statement made by
a person, orally or in writing, in the course of, or otherwise for the
purposes of or in connection with, the disciplinary proceeding.
(4) A person has qualified privilege in respect of the publication of:
(a) a statement made by a person, orally or in writing, in the course of,
or otherwise for the purposes of or in connection with; or
(b) a document prepared, given or produced by a person, in the course of,
or otherwise for the purposes of or in connection with; a
disciplinary proceeding of a securities exchange.
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