Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_4
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 4
Character Range: 109513–112051

4  Information‑only programs

 (1) For the purposes of this Schedule, an information‑only program is matter the sole or dominant purpose of which is to:
 (a) provide factual information, or directly‑related comment, about any of a wide range of matters, including but not limited to any of the following:
 (i) products;
 (ii) services;
 (iii) community activities;
 (iv) domestic or household matters;
 (v) private recreational pursuits or hobbies;
 (vi) legal rights, obligations or responsibilities;
 (vii) first aid, health or safety matters;
 (viii) emergencies or natural disasters;
 (ix) rural matters;
 (x) travel matters;
 (xi) crime prevention matters; or
 (b) enable and/or facilitate the carrying out and/or completion of transactions;
or both, where there is not a significant emphasis on dramatic impact or entertainment.

 (2) Subclause (1) has effect subject to subclauses (3) and (4).

ABA determinations

 (3) The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken to be an information‑only program.

 (4) The ABA may make a written determination providing that, for the purposes of this Schedule, specified matter is taken not to be an information‑only program.

 (5) A determination under subclause (3) or (4) has effect accordingly.

 (6) A determination under subclause (3) or (4) is to be an instrument of a legislative character.

 (7) A determination under subclause (3) or (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

Definitions

 (8) In this clause:

community activity means:
 (a) a meeting, event, performance or other activity that can be attended by:
 (i) the public; or
 (ii) a section of the public; or
 (iii) members of a particular club, society or organisation; or
 (b) the activity of visiting an institution, a tourist attraction or other place;
whether on payment of a charge or otherwise.

product includes real property.

services means any services, benefits, rights, privileges or facilities that are capable of being provided, granted or conferred:
 (a) in trade or commerce; or
 (b) by a government or government authority; or
 (c) in any other way.

transactions includes:
 (a) commercial transactions; and
 (b) banking transactions; and
 (c) insurance transactions; and
 (d) dealings about employment matters; and
 (e) dealings with governments and government authorities.