THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.2 - FUTURES EXCHANGES, CLEARING HOUSES AND FUTURES ASSOCIATIONS

Division 4 - General

SECTION 1141A   QUALIFIED PRIVILEGE IN RESPECT OF DISCIPLINARY PROCEEDINGS  

1141A(1)  [Definitions]  

In this section:

`` disciplinary proceeding '', in relation to a futures organisation, means:

(a)  a proceeding under the business rules of the futures organisation that may result in the disciplining of a member of the futures organisation; or

(b)  an appeal under the business rules of the futures organisation from a proceeding of a kind referred to in paragraph (a);

`` disciplining '', in relation to a member of a futures organisation, includes expulsion from, or suspension of, membership of the futures organisation;

`` member '', in relation to a futures organisation, includes a person who is under an obligation to comply with or enforce the business rules of the futures organisation.

1141A(2)  [Futures organisation, member, etc]  

A futures organisation, or a member, officer or employee of a futures organisation, has qualified privilege in respect of a statement made by a person, orally or in writing, in the course of, or otherwise for the purposes of or in connection with, a disciplinary proceeding of the futures organisation.

1141A(3)  [Persons]  

A person has qualified privilege in respect of the publication of:

(a)  a statement made by a person, orally or in writing, in the course of, or otherwise for the purposes of or in connection with; or

(b)  a document prepared, given or produced by a person, in the course of, or otherwise for the purposes of or in connection with;

a disciplinary proceeding of a futures organisation.