Commonwealth Numbered Regulations

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1996 No. 263 BANKRUPTCY REGULATIONS - REG 13.08

Immunity from defamation
13.08. (1) The Inspector-General, and any officer acting at the direction or
with the authority of the Inspector-General, have immunity from actions for
defamation arising out of publication of material in the Index or publication
of extracts of material from the  Index.

(2) An officer has immunity from actions for defamation arising out of
publication of material in the Index or publication of extracts of material
from the Index, if the publication was done:

   (a)  by an officer acting in the course of his or her duty; and

   (b)  in good faith.

(3) A person who provides material for entry in the Index has immunity from
actions for defamation arising out of publication of the material by way of
providing it for such inclusion, publication of the material in the Index or
publication of extracts of the material from the Index, if the publication was
done:

   (a)  in the performance of a function or duty under these Regulations or
        any other law of the Commonwealth; and

   (b)  in good faith.

(4) Nothing in subregulation (2) or (3) affects by implication the generality
of subregulation (1).

(5) The immunity of the Inspector-General or another officer under this
regulation arising out of publication of material extends to the Commonwealth
and the Official Trustee to the extent that the Commonwealth or the Official
Trustee would, apart from this subregulation, be liable in respect of the
publication.

(6) Nothing in this regulation affects by implication any other ground of
defence. 


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