Document ID: chunk:federal_register_of_legislation:C2017A00017:clause:1_738zg:p2
Version: federal_register_of_legislation:C2017A00017
Segment Type: clause
Provision Reference: sch 1 cl 738ZG (pt 2/3)
Character Range: 57503–60129

advertisement or publication that refers to a CSF offer or an intended CSF offer does not contravene subsection (1) if the advertisement or publication states that a person should, in deciding whether to make an application pursuant to the offer, consider the CSF offer document for the offer and the general CSF risk warning (whether or not the advertisement or publication also contains other material).
Note: If an advertisement or publication of a kind referred to in this subsection is defective (as defined in subsection 739(6)), ASIC may make a stop order under section 739.

Exception for publishers
 (7) A person does not contravene subsection (1) by publishing an advertisement or statement if the person:
 (a) publishes it in the ordinary course of a media business; and
 (b) did not know, and had no reason to suspect, that its publication would amount to a contravention of subsection (1).

Exception for statements made on communication facility for CSF offer
 (8) A statement made in good faith on the communication facility for a CSF offer does not contravene subsection (1).

Other general exceptions
 (9) An advertisement or publication does not contravene subsection (1) in relation to a CSF offer, or an intended CSF offer, if it:
 (a) consists solely of a notice or report of a general meeting of the company making, or intending to make, the offer; or
 (b) consists solely of a report about the company making, or intending to make, the CSF offer that is published by the company and:
 (i) does not contain information that materially affects affairs of the company, other than information previously made available in a CSF offer document that has been published on a platform of a CSF intermediary, a disclosure document that has been lodged, an annual report or a report referred to in paragraph (a); and
 (ii) does not refer (whether directly or indirectly) to the CSF offer or intended CSF offer; or
 (c) is a news report or is genuine comment, in the media, relating to:
 (i) a CSF offer document for the CSF offer that has been published on a platform of a CSF intermediary, or information contained in such a document; or
 (ii) a notice or report covered by paragraph (a) or (b); or
 (d) is a report about securities of the company (or proposed company) making, or intending to make, the CSF offer that is published by someone who is not:
 (i) the company; or
 (ii) acting at the instigation of, or by arrangement with, the company; or
 (iii) a director of the company; or
 (iv) a CSF intermediary that is or will be the responsible intermediary for the offer; or
 (v) any other person who has an