21BDefamation proceedings generally to be commenced

21B Defamation proceedings generally to be commenced within 1 year (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. Periods of limitation and related matters Part 2 General Division 2.2 Section 21BA R28 26/11/25 Limitation Act 1985 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The 1-year limitation period mentioned 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—calculating limitation period A concerns notice is given 7 days before the limitation period expires. This means there are 6 days left after the notice day before the period expires. Consequently, this subsection operates to extend the limitation period by 56 minus 6 days, which is 50 days. (4) In this section: concerns notice—see the Civil Law (Wrongs) Act 2002, section 124A (1). 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. 21BA Defamation—single publication rule (1) This section applies if— (a) a person (the first publisher) publishes matter to the public that is alleged to be defamatory (the first publication); and (b) the first publisher or an associate of the first publisher subsequently publishes (whether or not to the public) matter that is substantially the same. (2) Any cause of action for defamation against the first publisher or an associate of the first publisher in relation to the subsequent publication is to be treated as having accrued on the date of the first publication for the purposes of determining when— (a) the limitation period applicable under section 21B begins; or Part 2 Periods of limitation and related matters Division 2.2 General Section 21BB page 14 Limitation Act 1985 Effective: 26/11/25 R28 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the 3-year period mentioned in section 21BB (2) begins. (3) Subsection (2) does not apply in relation to the subsequent publication if the manner of that publication is materially different from the manner of the first publication. (4) In determining whether the manner of a subsequent publication is materially different from the manner of the first publication, the considerations to which the court may have regard include (but are not limited to)— (a) the level of prominence that a matter is given; and (b) the extent of the subsequent publication. (5) This section does not limit the power of a court under section 21BB to extend the limitation period applicable under section 21B. (6) In this section: associate, of a first publisher, means— (a) an employee of the publisher; or (b) a person publishing matter as a contractor of the publisher; or (c) an associated entity (within the meaning of the Corporations Act, section 50AAA) of the publisher (or an employee or contractor of the associated entity). date of first 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. public includes a section of the public. 21BB Extension of limitation period (1) A person claiming to have a cause of action for defamation may apply to the court for an order extending the limitation period applicable under section 21B (Defamation proceedings generally to be commenced within 1 year) for the cause of action. Periods of limitation and related matters Part 2 General Division 2.2 Section 21BC R28 26/11/25 Limitation Act 1985 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The court may extend the limitation period to a period of up to 3 years running from the date of the alleged publication of the matter if the plaintiff satisfies the court that it is just and reasonable to allow an action to proceed. (3) In determining whether to extend the limitation period, the court is to have regard to all of the circumstances of the case and in particular to— (a) the length of, and the reasons for, the plaintiff’s delay; and (b) if a reason for the delay was that some or all of the facts relevant to the cause of action became known to the plaintiff after the limitation period expired— (i) the day on which the facts became known to the plaintiff; and (ii) the extent to which the plaintiff acted promptly and reasonably once the plaintiff knew whether or not the facts might be capable of giving rise to an action; and (c) the extent, having regard to the delay, to which relevant evidence is likely to be unavailable or less cogent than if the action had been brought within the limitation period. 21BC Defamation—effect of limitation law concerning electronic defamatory publications on other laws (1) This section applies in relation to any requirement under section 21B (Defamation proceedings generally to be commenced within 1 year) or section 21BA (Defamation—single publication rule) for the date of publication of a matter in electronic form to be determined by reference to the day on which the matter was first uploaded for access or sent electronically to a recipient. (2) A requirement to which this section applies is relevant only for the purpose of determining when a limitation period begins and for no other purpose. Part 2 Periods of limitation and related matters Division 2.2A No limitation period Section 21C page 16 Limitation Act 1985 Effective: 26/11/25 R28 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Without limiting subsection (2), a requirement to which this section applies is not relevant for— (a) establishing whether there is a cause of action for defamation; or (b) the choice of law to be applied for a cause of action for defamation. Division 2.2A No limitation period