Australian Capital Territory Numbered Acts

LIMITATION (AMENDMENT) ACT 1998 (NO. 58 OF 1998) - SECT 2

    This Act commences on the day on which it is notified in the Gazette .

3.     Principal Act

    In this Act, “Principal Act” means the Limitation Act 1985 . ¹

4.     Insertion

(1)     After section 21A of the Principal Act the following section is inserted in Division 2 of Part II:

“21B.     Defamation

“(1)     An action on a cause of action for defamation is not maintainable if brought after the expiration of a limitation period of 1 year running from the date of the first publication of the matter complained of.

“(2)     For the purposes of an action in a court, the court shall, if satisfied that it was not reasonable for the plaintiff to have known about the publication of the matter complained of within 1 year from the date of the first publication, extend the limitation period mentioned in subsection (1) to 2 years.”.

(2)     Where a cause of action for defamation has arisen before the commencement of this Act, an action on that cause of action is not maintainable unless brought within 1 year from that commencement.