Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in
section 10, 12, 13, 17, 18, 22, 61, or 62 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;
(ii)
the sale or grant, or possible sale or grant, of
interests in land;
(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,
where —
(v)
the goods or services were relevant goods or 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 goods or services
of that kind, or who sells or grants interests in land, being 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, being interests 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 —
consortium has the same meaning as it has in Part
IIIB of the Broadcasting and Television Act 1942 6 of the
Commonwealth;
prescribed information provider means a person who
carries on a business of providing information and, without limiting the
generality of the foregoing, includes —
(a) a
person to whom, or each of the members of a consortium to which, a licence has
been granted under Part IIIB of the Broadcasting and Television Act 1942
6 of the Commonwealth;
(b) the
Australian Broadcasting Corporation; and
(c) 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, where 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, where the
prescribed information provider is a body corporate, by a body corporate that
is related to the prescribed information provider.
(4) Unless the
Minister so authorises, no prosecution shall be instituted against the
printer, publisher, or proprietor of any newspaper or the licensee of any
commercial broadcasting station or commercial television station, or against
any person acting under the authority of any such person, for the publication
in any such newspaper or for the broadcasting by wireless transmission or by
television from such station, as the case may be, of any statement which
contravenes this Act unless —
(a) the
printer, publisher, proprietor or licensee had been warned by the
Commissioner, or a person authorised in writing by the Commissioner, of the
nature of the false representation which would be conveyed by the statement,
or any other statement substantially the same as that statement, and that its
publication would contravene this Act; and
(b) the
printer, publisher, proprietor or licensee has on any one day after the
receipt of the warning published or broadcast by wireless transmission or by
television or authorised or permitted the publication or broadcasting of the
statement or any such other statement in any issue of any newspaper printed or
published by him or from any commercial broadcasting station or commercial
television station of which he is the licensee, as the case may be.
(5) In
subsection (4) —
licensee , commercial broadcasting station and
commercial television station have the meanings ascribed thereto in the
Broadcasting and Television Act 1942 6 of the Commonwealth; and
newspaper includes any periodical publication.