Queensland Consolidated Acts

LIMITATION OF ACTIONS ACT 1974 - SECT 10AB

10AB Defamation actions—single publication rule

(1) This section applies if—

(a) a person (the
"first publisher" ) publishes matter to the public that is alleged to be defamatory (the
"first publication" ); and

(b) the first publisher or an associate of the first publisher subsequently publishes (whether or not to the public) matter that is substantially the same.

(2) Any cause of action for defamation against the first publisher or an associate of the first publisher in respect of the subsequent publication is taken to have accrued on the date of the first publication for the purposes of determining when—

(a) the limitation period applicable under section 10AA begins; or

(b) the 3-year period referred to in section 32A (2) begins.

(3) Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication.

(4) In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to)—

(a) the level of prominence that a matter is given; and

(b) the extent of the subsequent publication.

(5) This section does not limit the power of a court under section 32A to extend the limitation period applicable under section 10AA .

(6) In this section—

"associate" , of a first publisher, means—

(a) an employee of the publisher; or

(b) a person publishing matter as a contractor of the publisher; or

(c) an associated entity, within the meaning of the Corporations Act , section 50AAA , of the publisher (or an employee or contractor of the associated entity).

"date of the first 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.

"public" includes a section of the public.