Australian Capital Territory Consolidated Acts

FAIR TRADING ACT 1992 - SECT 31

    (1)         Nothing in section 12, 14, 15, 19, 20 or 25 applies to a prescribed publication of matter by a prescribed information provider, other than—

        (a)     a publication of matter in connection with—

              (i)     the supply or possible supply of goods or services; or

              (ii)     the sale or grant, or possible sale or grant, of an interest in land; or

              (iii)     the promotion by any means of the supply or use of goods or services; or

              (iv)     the promotion by any means of the sale or grant of interests in land;

if—

              (v)     the goods or services were relevant goods or services, or the interests in land were relevant interests in land, in relation to the prescribed information provider; or

              (vi)     the publication was made on behalf of, or under a contract, arrangement or understanding with—

    (A)     a person who supplies goods or services of that kind, or who sells or grants interests in land that are interests of that kind; or

    (B)     a body corporate that is related to a body corporate that supplies goods or services of that kind, or that sells or grants interests in land that are interests of that kind; or

        (b)     a publication of an advertisement.

    (2)         For this section, a publication by a prescribed information provider is a prescribed publication if—

        (a)     in any case—the publication was made by the prescribed information provider in the course of carrying on a business of providing information; or

        (b)     for a person who is a prescribed information provider under subsection (3), definition of "prescribed information provider", paragraph (a), (b) or (c) (whether or not the person is also a prescribed information provider under another operation of that definition)—the publication was by way of a radio or television broadcast by the prescribed information provider.

    (3)         In this section:

"prescribed information provider" means a person who carries on a business of providing information and includes—

        (a)     the holder of a licence granted under the Broadcasting Services Act 1992 (Cwlth); and

        (b)     a person who is the provider of a broadcasting service under a class licence under that Act; and

        (c)     the holder of a licence continued in force by the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 (Cwlth), section 5 (1); and

        (d)     the Australian Broadcasting Corporation; and

        (e)     the Special Broadcasting Service.

"relevant goods or services", in relation to a prescribed information provider, means goods or services of a kind supplied by the prescribed information provider or, if the prescribed information provider is a body corporate, by a body corporate that is related to the prescribed information provider.

"relevant interests in land", in relation to a prescribed information provider, means interests in land that are interests of a kind sold or granted by the prescribed information provider, or if the prescribed information provider is a body corporate, by a body corporate that is related to the prescribed information provider.