AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 89 Exemption for information service providers
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 89
Exemption for information service providers(1) In this section—
"information provider" means a person who operates an information service;
"information service" means the provision of details of persons seeking a personal or social relationship with one or more other persons.
(2) An information provider does not act as an introduction agent in operating an information service if—
(a) a person can obtain details of persons seeking a personal or social relationship with one or more other persons from the information service without the need to speak to, or to otherwise communicate with, the information provider (or any person employed by the information provider); and
(b) a person who provides information to the information provider (or any person employed by the information provider) for the purpose of having that information provided to other persons is not, by providing that information, placed under any obligation—
(i) to use the service again; or
(ii) to pay a fee of more than $250 (or any other amount fixed by the regulations for the purposes of this paragraph); and
(c) a person to whom the information is provided is not, by using the information service, placed under any obligation—
(i) to use the service again; or
(ii) to pay a fee of more than $250 (or any other amount fixed by the regulations for the purposes of this paragraph).
(3) If the fees for providing information to, or obtaining information from, an information service are based on the length of time a person has electronic or mechanical access to the information service and the length of that time is automatically recorded by electronic or mechanical means, subsections (2)(b)(ii) and (2)(c)(ii) do not apply in determining whether an information provider falls within the exemption provided by subsection (2).