Document ID: chunk:federal_register_of_legislation:C2025C00185:section:734:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 734 (pt 3/4)
Character Range: 2835615–2838227

disclosure document.
Note: Subsection (6) has an extended operation in relation to recognised offers under Chapter 8 (see subsection 1200L(3)).

General exceptions
 (7) An advertisement or publication does not contravene subsection (2) if it:
 (a) relates to an offer of securities of a listed body and consists of a notice or report by the body, or one of its officers, about its affairs to the relevant market operator; or
 (b) consists solely of a notice or report of a general meeting of the body; or
 (c) consists solely of a report about the body that is published by the body and:
 (i) does not contain information that materially affects affairs of the body other than information previously made available in a disclosure document that has been lodged, a CSF offer document that has been published on a platform of a CSF intermediary, an annual report or a report referred to in paragraph (a) or (b); and
 (ii) does not refer (whether directly or indirectly) to the offer; or
 (d) is a news report or is genuine comment, in a newspaper or periodical or on radio or television relating to:
 (i) a disclosure document that has been lodged or information contained in such a disclosure document; or
 (ii) a notice or report covered by paragraph (a), (b) or (c); or
 (e) is a report about the securities of a body or proposed body published by someone who is not:
 (i) the body; or
 (ii) acting at the instigation of, or by arrangement with, the body; or
 (iii) a director of the body; or
 (iv) a person who has an interest in the success of the issue or sale of the securities.
Paragraphs (d) and (e) do not apply if anyone gives consideration or another benefit for publishing the report.

Liability of publishers
 (8) A person does not contravene subsection (1) or (2) by publishing an advertisement or statement if they publish it in the ordinary course of a business of:
 (a) publishing a newspaper or magazine; or
 (b) broadcasting by radio or television;
and the person did not know and had no reason to suspect that its publication would amount to a contravention of a provision of this Chapter.
Note: Depending on the circumstances of the publication, the person may, however, commit an offence by being involved in someone else's contravention of subsection (1) or (2).

Pathfinder documents
 (9) A person does not contravene subsection (1) or (2) by sending a draft disclosure document for securities to a person if an offer of the securities to the person would not require a disclosure document because of subsection 708(8) or (10) (sophisticated investors) or 708(11) (professional investors).