Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 5

5 .         Qualified privilege

        (1)         If this Act provides that a person has qualified privilege for an act, matter or thing, the person, in relation to the act, matter or thing —

            (a)         has qualified privilege in proceedings for defamation; and

            (b)         is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.

        (2)         In subsection (1) —

        malice includes ill-will to the person concerned or any other improper motive.

        (3)         Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as a defendant in proceedings, or an action, for defamation.



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