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LIMITATION OF ACTIONS ACT 1958 - SECT 23C

Transitional—Defamation Act 2005

    (1)     In this section—

"existing law of defamation" has the same meaning as in section 46 of the Defamation Act 2005 ;

"existing limitation law "means the provisions of this Act that applied in relation to the limitation period for defamation actions immediately before the commencement of the Defamation Act 2005 ;

"new limitation law" means sections 5(1AAA) and  23B as inserted by the Defamation Act   2005 .

    (2)     The new limitation law applies to the publication of any defamatory matter to which the Defamation Act 2005 applies.

    (3)     The existing limitation law continues to apply to any cause of action to which the existing law of defamation continues to apply by force of section 46 of the Defamation Act 2005 .

S. 23D inserted by No. 35/2020 s. 43.

        23D         Transitional provisions—Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020

    (1)     Section 5 as amended by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that amendment.

    (2)     Subject to subsection (3), section 5A as inserted by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that section.

    (3)     Section 5A extends to a first publication before the commencement of that section, but only in respect of subsequent publications after the commencement.

    (4)     Section 23B as amended by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020 applies in relation to the publication of defamatory matter after the commencement of that amendment.

Heading preceding s. 24 substituted as Pt 2 Div. 3 (Heading) by No. 76/2004 s. 4(2)(c).

Division 3—Acknowledgment and part payment

No. 5914 s. 24.



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