Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azr
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZR
Character Range: 75921–78221

75AZR  Application of provisions of Division to prescribed information providers

 (1) Nothing in section 75AZC, 75AZD, 75AZH, 75AZI or 75AZM 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; or
 (ii) the sale or grant, or possible sale or grant, of interests in land; or
 (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 65A(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:

prescribed information provider, relevant goods or services and relevant interests in land have the same respective meanings as in section 65A.

Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code).

Division 3—Offences relating to product safety and product information