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Sanctuary Cove Resort Act 1985
sec.91AAProtection of body corporate and executive committee from liability for defamation
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### sec.91AA Protection of body corporate and executive committee from liability for defamation
This section applies if—
the executive committee publishes required material for a general meeting of the primary thoroughfare body corporate; and
the required material contains defamatory matter.
Each of the following is not liable for defamation because of the publication—
the primary thoroughfare body corporate;
the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter.
In this section—
member of the committee includes the body corporate manager acting under a delegation under section 91AB (1) .
prescribed motion means any of the following—
a motion to give a member of the executive committee a notice under section 91H (1) ;
a motion mentioned in section 91I (2) (a) to remove a member of the executive committee from office;
a motion to give a letting agent a code contravention notice;
a motion to require a letting agent to transfer the letting agent’s management rights for the resort or a part of the resort under section 94K ;
a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 94V .
required material , for a general meeting of the primary thoroughfare body corporate, means any of the following required under this Act to be published for the meeting—
a prescribed motion submitted other than by or for the committee for the general meeting;
the substance of a prescribed motion mentioned in paragraph (a) ;
notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.
s 91AA ins 2009 No. 26 s 100
(sec.91AA-ssec.1) This section applies if— the executive committee publishes required material for a general meeting of the primary thoroughfare body corporate; and the required material contains defamatory matter.
(sec.91AA-ssec.2) Each of the following is not liable for defamation because of the publication— the primary thoroughfare body corporate; the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter.
(sec.91AA-ssec.3) In this section— member of the committee includes the body corporate manager acting under a delegation under section 91AB (1) . prescribed motion means any of the following— a motion to give a member of the executive committee a notice under section 91H (1) ; a motion mentioned in section 91I (2) (a) to remove a member of the executive committee from office; a motion to give a letting agent a code contravention notice; a motion to require a letting agent to transfer the letting agent’s management rights for the resort or a part of the resort under section 94K ; a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 94V . required material , for a general meeting of the primary thoroughfare body corporate, means any of the following required under this Act to be published for the meeting— a prescribed motion submitted other than by or for the committee for the general meeting; the substance of a prescribed motion mentioned in paragraph (a) ; notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.
- (a) the executive committee publishes required material for a general meeting of the primary thoroughfare body corporate; and
- (b) the required material contains defamatory matter.
- (a) the primary thoroughfare body corporate;
- (b) the committee, or a member of the committee, other than a member of the committee who submitted the document containing the defamatory matter.
- (a) a motion to give a member of the executive committee a notice under section 91H (1) ;
- (b) a motion mentioned in section 91I (2) (a) to remove a member of the executive committee from office;
- (c) a motion to give a letting agent a code contravention notice;
- (d) a motion to require a letting agent to transfer the letting agent’s management rights for the resort or a part of the resort under section 94K ;
- (e) a motion to terminate a person’s appointment as a body corporate manager, engagement as a service contractor or authorisation as a letting agent under section 94V .
- (a) a prescribed motion submitted other than by or for the committee for the general meeting;
- (b) the substance of a prescribed motion mentioned in paragraph (a) ;
- (c) notice of a prescribed motion mentioned in paragraph (a) or another document required to accompany the motion, prepared by the submitter of the motion.