Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 10AA

10AA Defamation actions

(1) An action on a cause of action for defamation must not be brought after the end of a limitation period of 1 year running from the date of the publication of the matter complained of.

(2) The 1-year limitation period referred to in subsection (1) is taken to have been extended as provided by subsection (3) if a concerns notice is given to the proposed defendant on a day (the
"notice day" ) within the period of 56 days before the limitation period expires.

(3) The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1-year limitation period expires.

Example—

Assume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires. Consequently, this subsection would operate to extend the limitation period by 56 minus 6 days, that is, 50 days.

(4) In this section—

"concerns notice" see the Defamation Act 2005 , section 12A (1) .

"date of the publication" , in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.