Schedule 3 Savings and transitional provisions

(Section 58)

Part 1 General

1   Savings and transitional regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Defamation (Amendment) Act 1994

Defamation Amendment Act 2002

(2)  A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3)  To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a)  to affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of Defamation (Amendment) Act 1994

2   Definition

In this Part:

amending Act means the Defamation (Amendment) Act 1994.

3   Application of amendments

(1)  An amendment made by the amending Act applies only to causes of action that accrue after the commencement of the amendment.

(2)  However, an amendment made by the amending Act does not apply to a cause of action that accrues after the commencement of the amendment if:

(a)  the cause of action is one of two or more causes of action in proceedings commenced by the plaintiff, and

(b)  each cause of action in the proceedings accrues because of the publication of the same, or substantially the same, matter on separate occasions (whether by the same defendant or by another defendant), and

(c)  one or more of the other causes of action in the proceedings accrued before the commencement of the amendment.

(3)  If an amendment made by the amending Act does not apply to a cause of action, this Act is taken to apply to the cause of action as if the amendment had not been made.

Part 3 Provision consequent on enactment of Local Government Amendment Act 1997

4   Local Government Pecuniary Interest Tribunal

An amendment made by Schedule 2.2 [1]–[3] to the Local Government Amendment Act 1997 extends to a publication made before the commencement of the amendment.

Part 4 Provisions consequent on enactment of Defamation Amendment Act 2002

5   Definition

In this Part:

amending Act means the Defamation Amendment Act 2002.

6   Application of amendments made by amending Act

(1)  An amendment made to this Act by the amending Act does not apply to:

(a)  a defamatory imputation published before the commencement of the amendment, or

(b)  proceedings concerning any such imputation (whether commenced before or after the commencement of the amendment).

(2)  Regulations made as referred to in clause 1 (1) may have effect despite the provisions of subclause (1), if the regulations so provide.