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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Civil Liability (Disclosure of Information) Amendment
Bill 2013
A BILL FOR
An Act to amend the Civil
Liability Act 1936.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Civil Liability
Act 1936
4Insertion of Part 9 Division 12A
Division 12A—Exclusion of civil liability
where Crown publishes certain information
75AExclusion of civil liability where Crown publishes
certain information
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Civil Liability (Disclosure of Information)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Civil Liability
Act 1936
4—Insertion
of Part 9 Division 12A
After section 75 insert:
Division 12A—Exclusion of civil liability where
Crown publishes certain information
75A—Exclusion of civil liability where Crown
publishes certain information
(1) Subject to this
section, no civil liability (whether in tort, contract, equity or otherwise)
arises out of the publication by, or on behalf of, the Crown of information of a
kind, or in circumstances, prescribed by the regulations for the purposes of
this section.
(2) Nothing in
subsection (1)
affects the civil liability of—
(a) the person who was the author or originator of the information;
or
(b) a person who publishes the information other than on behalf of the
Crown.
(3) For the
purposes of this section, the Crown, and any person acting on behalf of the
Crown, will be taken not to be the author or originator of information where the
information published consists of an extract of information provided to, or
otherwise in the possession of, the Crown.
(4) Except as contemplated by
subsections (1)
and
(3), this section is
in addition to, and does not derogate from, the Defamation
Act 2005.