Commonwealth Consolidated Acts

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12DN

             (1)  Nothing in section 12DA, 12DB, 12DC or 12DF 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 financial services; or

                             (ii)  the sale or grant, or possible sale or grant, of financial products that consist of, or include, interests in land; or

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

                            (iv)  the promotion by any means of the sale or grant of financial products that consist of, or include, interests in land;

                            if:

                             (v)  the services were relevant services, or the interests in land were relevant interests in land, as the case may be, in relation to the prescribed information provider; or

                            (vi)  the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with:

                                        (A)  a person who supplies financial services of that kind, or who sells or grants financial products of that kind; or

                                        (B)  a body corporate that is related to a body corporate that supplies financial services of that kind, or that sells or grants financial products of that kind; or

                     (b)  a publication of an advertisement.

             (2)  For the purposes of 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)  in the case of a person who is a prescribed information provider by virtue of paragraph (a), (b) or (c) of the definition of prescribed information provider in subsection (3) (whether or not the person is also a prescribed information provider by virtue of 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, without limiting the generality of the foregoing, includes:

                     (a)  the holder of a licence granted under the Broadcasting Services Act 1992 ; 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 subsection 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 ; and

                     (d)  the Australian Broadcasting Corporation; and

                     (e)  the Special Broadcasting Service Corporation.

"relevant financial services" , in relation to a prescribed information provider, means financial 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, being 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.