Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12dn:p1
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12DN (pt 1/2)
Character Range: 76606–79416

12DN  Application of provisions of Division to prescribed information providers

 (1) Nothing in section 12DA, 12DB, 12DC or 12DF 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 financial services; or
 (ii) the sale or grant, or possible sale or grant, of securities that consist of, or include, interests in land; or
 (iii) the promotion by any means of the supply or use of financial services; or
 (iv) the promotion by any means of the sale or grant of securities that consist of, or include, interests in land;
  if:
 (v) the services were relevant 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 financial services of that kind, or who sells or grants securities of that kind; or
 (B) a body corporate that is related to a body corporate that supplies financial services of that kind, or that sells or grants securities 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 (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 means a person who carries on a business of providing information and, without limiting the generality of the foregoing, includes:
 (a) the holder of a licence granted under the Broadcasting Services Act 1992; and
 (b) a person who is the provider of a broadcasting service under a class licence under that Act; and
 (c) the holder of a licence continued in force by subsection 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992; and
 (d) the Australian Broadcasting Corporation; and
 (e) the Special Broadcasting Service Corporation.

relevant financial services, in relation to a prescribed information provider, means financial services of a kind supplied by the prescribed information provider or, if the prescribed information provider is a body corporate, by a body corporate that