{"id":"tas:sr-2006-065","name":"Defamation Order 2006","slug":"defamation-order-2006","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"65 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317615,"registerId":"tas-tas:sr-2006-065-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Defamation Order 2006](/view/html/inforce/2026-04-12/sr-2006-065) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 July 2006.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***Act*** means the [Defamation Act 2005](/view/html/inforce/2026-04-12/act-2005-073) ;\n> \n> > ***maximum damages amount*** has the same meaning as in [section 35(1)](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Maximum damages amount","content":"### 4 Maximum damages amount\n\n> For the purposes of [section 35(1)](/view/html/inforce/2026-04-12/act-2005-073#GS35@Gs1@EN) of the Act, the maximum damages amount that is to apply from 1 July 2006 is declared to be $259 500.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 28 June 2006\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument does not change the legal scope of the Defamation Act. It performs the Act's delegated task of specifying the monetary ceiling: it declares the maximum damages amount to be $259,500 (s 4), effective 1 July 2006 (s 2), using terms defined in s 3."},"complexity_factors":["Single, explicit numerical declaration of the damages cap ($259,500) (s 4)","Clear, single commencement date (1 July 2006) (s 2)","Limited cross-referencing: relies on definition of 'maximum damages amount' and the Act's s 35(1) (s 3)","No procedural or substantive law changes; only sets a monetary figure","Low administrative discretion or interpretive ambiguity in the instrument itself"],"plain_english_summary":"This Order fixes the monetary cap for defamation damages. From 1 July 2006, the \"maximum damages amount\" used under section 35(1) of the Defamation Act 2005 is declared to be $259,500. \n\nThe change affects people bringing or defending defamation claims by limiting the highest compensatory award a court may apply under that provision; it sets only a numeric ceiling and does not alter the substantive tests for liability or defences in the Act."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Order has remained unchanged since its commencement on 1 July 2006 and appears to have stayed within its original intended scope as a supporting instrument for Tasmania's uniform defamation legislation framework. No amendments are indicated that would suggest scope creep or expansion."},"complexity_factors":["The document provided contains minimal substantive content — mostly metadata, status information, and administrative headers rather than operative legal provisions","As delegated/subordinate legislation (an 'Order'), it relies on a parent Act for context, requiring cross-referencing to understand full effect","Part of a multi-jurisdictional uniform law scheme, adding inter-jurisdictional complexity","Limited amendment history makes it relatively stable and straightforward","Without the actual operative clauses being visible in the provided text, true complexity cannot be fully assessed"],"plain_english_summary":"The Defamation Order 2006 (Tas) is a short subordinate instrument that fills in technical details (like prescribed amounts or bodies) under Tasmania’s Defamation Act 2005, part of Australia’s move to uniform defamation laws. \n\nIt affects anyone involved in Tasmanian defamation disputes—claimants, defendants, publishers, media and businesses—and has operated unchanged since 1 July 2006, providing stable procedural parameters within the national framework."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This legislation performs exactly the narrow function it was designed for: setting a statutory damages cap figure as delegated by the parent Act. There is no scope creep."},"complexity_factors":["Only 4 operative sections","2 defined terms, both simple cross-references to parent Act","Single substantive provision (section 4) containing only a dollar amount and date","No conditional logic, exceptions, or procedural requirements","No internal cross-references beyond the interpretation section","Total length under 200 words"],"plain_english_summary":"This is a very short piece of legislation that sets a single dollar figure for defamation lawsuits.\n\n**What it does:**\n- It declares that the **maximum amount of money** someone can be awarded for defamation (being publicly harmed by false statements) is **$259,500**.\n- This figure applies from 1 July 2006.\n\n**Who it affects:**\n- Anyone suing for defamation in Australia (under the national defamation laws that started in 2005).\n- Judges who must apply this cap when awarding damages.\n\n**Why it matters:**\n- It puts a legal ceiling on how much money courts can give to someone who wins a defamation case. Without this order, there would be no set upper limit. This prevents excessive payouts and makes the legal system more predictable.\n\n**How it works:**\n- This order is made under the *Defamation Act 2005* (the main law). That Act says there should be a maximum damages amount, but doesn't state the figure — it leaves that to this separate order. This allows the amount to be updated over time without rewriting the entire Act."}},"importantCases":[],"_links":{"self":"/api/acts/defamation-order-2006","history":"/api/acts/defamation-order-2006/history","analysis":"/api/acts/defamation-order-2006/analysis","conflicts":"/api/acts/defamation-order-2006/conflicts","importantCases":"/api/acts/defamation-order-2006/important-cases","documents":"/api/acts/defamation-order-2006/documents"}}