Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 47AA

47AA Protection of body corporate and executive committee from liability for defamation

(1) This section applies if—

(a) the executive committee publishes required material for a general meeting of the principal body corporate; and

(b) the required material contains defamatory matter.

(2) Each of the following is not liable for defamation because of the publication—

(a) the principal body corporate;

(b) the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter.

(3) In this section—

"member of the committee" includes the body corporate manager acting under a delegation under section 47AB (1) .

"prescribed motion" means any of the following—

(a) a motion to give a member of the executive committee a notice under section 47K (1) ;

(b) a motion mentioned in section 47L (2) (a) to remove a member of the executive committee from office;

(c) a motion to give a letting agent a code contravention notice;

(d) a motion to require a letting agent to transfer the letting agent’s management rights for a part of the resort under section 94K ;

(e) a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 94V .

"required material" , for a general meeting of the principal body corporate, means any of the following required under this Act to be published for the meeting—

(a) a prescribed motion submitted other than by or for the committee for the general meeting;

(b) the substance of a prescribed motion mentioned in paragraph (a) ;

(c) notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.