(a) the
limitation period applicable under section 10AAbegins; or
(b) the 3-year
period referred to in section 32A(2) begins.
(3) Subsection (2) does not
apply in relation to the subsequent publication if the manner of that
publication is materially different from the manner of the first publication.
(4) In determining whether the manner of a subsequent publication is
materially different from the manner of the first publication, the
considerations to which the court may have regard include (but are not limited
to)—
(a) the level of prominence that a matter is given; and
(b) a person publishing matter as a contractor of the publisher; or
(c)
an associated entity, within the meaning of the Corporations Act , section
50AAA , of the publisher (or an employee or contractor of the associated
entity).
"date of the first publication" , in relation to the publication of matter in
electronic form, means the day on which the matter was first uploaded for
access or sent electronically to a recipient.