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Civil Law (Wrongs) Act 2002
134Scope of defences under general law and other law not
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134 Scope of defences under general law and other law not
limited
(1) A defence under this division is additional to any other defence or
exclusion of liability available to the defendant apart from this Act
(including under the general law) and does not of itself vitiate, limit
or abrogate any other defence or exclusion of liability.
(2) If a defence under this division to the publication of defamatory
matter may be defeated by proof that the publication was actuated by
malice, the general law applies in defamation proceedings in which
the defence is raised to determine whether a particular publication of
matter was actuated by malice.