8A   Corporations do not have cause of action for defamation

(1)  A corporation has no cause of action for defamation in respect of the publication of any matter by means of which a defamatory imputation about the corporation is made.

(2)  Nothing in subsection (1) precludes an individual who is a member of a corporation from asserting or enforcing a cause of action in defamation in respect of the publication of any matter by means of which a defamatory imputation about the individual is made where that same publication also makes a defamatory imputation about the corporation.

(3)  Despite subsection (1), a corporation may assert or enforce a cause of action in defamation in respect of the publication of any matter by means of which a defamatory imputation about the corporation is made if:

(a)  the corporation employs fewer than 10 persons at the time of publication of the matter, and

(b)  the corporation has no subsidiaries (within the meaning of the Corporations Act 2001 of the Commonwealth) at that time.

(4)  In this section, corporation includes any corporation constituted by or under an Act or any other law (whether or not for a governmental or other public purpose).