NSWIn ForceAct
Limitation Act 1969
14BDefamation
Start here
Get a plain-English read of 14B
Turn the raw legal text into a practical explanation grounded in Limitation Act 1969.
#### 14B Defamation
14B Defamation
> > (1) An action on a cause of action for defamation is not maintainable if brought after the end of a limitation period of 1 year running from the date of the publication of the matter complained of.
>
> > (2) The 1-year limitation period referred to in subsection (1) is taken to have been extended as provided by subsection (3) if a concerns notice is given to the proposed defendant on a day (the notice day) within the period of 56 days before the limitation period expires.
>
> > (3) The limitation period is extended for an additional period of 56 days minus any days remaining after the notice day until the 1-year limitation period expires.
> >
> > Example—
> >
> > Assume a concerns notice is given 7 days before the limitation period expires. This means that there are 6 days left after the notice day before the period expires. Consequently, this subsection would operate to extend the limitation period by 56 minus 6 days, that is, 50 days.
>
> > (4) In this section—
> >
> > concerns notice has the same meaning as in the [Defamation Act 2005](/view/html/inforce/current/act-2005-077).
> >
> > date of publication, in relation to the publication of matter in electronic form, means the day on which the matter was first uploaded for access or sent electronically to a recipient.
>
> **s 14B:** Ins 2002 No 136, Sch 2.2 \[1\]. Subst 2005 No 77, Sch 5.2 \[1\]. Am 2020 No 16, Sch 2\[1\].