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[s 21] Defamation and Other Legislation Amendment Bill 2025 Part 3 Amendment of Criminal Code Page 25 Authorised by the Parliamentary Counsel for defamation against the accused person; or (b) the accused person would have a digital intermediary defence for the publication if the relevant person brought civil proceedings for defamation against the accused person. (5) Section 365(8)— insert— digital intermediary defence means the defence stated in the Defamation Act 2005, section 31A. relevant digital intermediary provision means the Defamation Act 2005, section 10C or 10D. (6) Section 365(8), definition relevant defence, paragraph (a)— omit, insert— (a) a defence available under the Defamation Act 2005 other than— (i) the statutory defence of failure to accept reasonable offer; or (ii) the statutory defence of justification; or (iii) the digital intermediary defence; or (7) Section 365(1A) to (8)— renumber as section 365(2) to (10). 21 Insertion of new pt 9, ch 113 Part 9— insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Clause 24 25 26

Page 26 Authorised by the Parliamentary Counsel [s 21] Defamation and Other Legislation Amendment Bill 2025 Part 3 Amendment of Criminal Code Chapter 113 Transitional provision for Defamation and Other Legislation Amendment Act 2025 768 Proceedings for criminal defamation (1) Former section 365 continues to apply to a proceeding for an offence in relation to defamatory matter published before the commencement. (2) New section 365 applies to a proceeding for an offence in relation to defamatory matter published after the commencement. (3) Subsection (1) applies despite section 11. (4) In this section— former section 365 means section 365 as in force immediately before the commencement. new section 365 means section 365 as in force from the commencement. © State of Queensland 2025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18