Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1018a:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1018A (pt 3/3)
Character Range: 4435793–4437319

contained in such a Statement or document; or
 (iii) a notice or report covered by paragraph (a), (b) or (c); or
 (e) is a report about the financial products of the issuer published by someone who is not:
 (i) the issuer; or
 (ii) acting at the instigation of, or by arrangement with, the issuer; or
 (iii) a director of the issuer; or
 (iv) a person who has an interest in the success of the issue or sale of the financial product.
Paragraphs (d) and (e) do not apply if anyone gives consideration or another benefit for publishing the report.
Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.

Liability of publishers
 (5) A person does not contravene subsection (1) or (2) 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 a provision of this section.
Note: A defendant bears an evidential burden in relation to the matters in this section. See subsection 13.3(3) of the Criminal Code.

Meaning of media
 (6) For the purposes of this section, the media consists of:
 (a) newspapers and magazines; and
 (b) radio and television broadcasting services; and
 (c) electronic services (including services provided through the internet) that:
 (i) are operated on a commercial basis; and
 (ii) are similar to newspapers, magazines or radio or television broadcasts.