11.07.2015 Views

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

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Schedule 1 The <strong>Criminal</strong> <strong>Code</strong>Part 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 35 <strong>Criminal</strong> defamation[s 365](8) In this section—defamatory has the meaning that it has in the law of tort (asmodified by the Defamation <strong>Act</strong> 2005) relating to defamation.modified statutory defence of justification means the defencestated in the Defamation <strong>Act</strong> 2005, section 25 as if that sectionprovided that it is a defence to the publication of defamatorymatter if the defendant proves that—(a) the defamatory imputations carried by the matter ofwhich the relevant person complains are substantiallytrue; and(b) it was for the public benefit that the publication shouldbe made.publish has the meaning that it has in the law of tort (asmodified by the Defamation <strong>Act</strong> 2005) relating to defamation.relevant defence means—(a) a defence available under the Defamation <strong>Act</strong> 2005other than—(i) the statutory defence of justification; or(ii) the statutory defence of failure to acceptreasonable offer; or(b) the modified statutory defence of justification; or(c) a defence available other than under the Defamation <strong>Act</strong>2005, including under the general law.statutory defence of failure to accept reasonable offer meansthe defence stated in the Defamation <strong>Act</strong> 2005, section 18(1).statutory defence of justification means the defence stated inthe Defamation <strong>Act</strong> 2005, section 25.Current as at 1 December 2014 Page 231

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