Australian Capital Territory Numbered Acts

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FAIR TRADING ACT 1992 (NO. 72 OF 1992) - SECT 31

Application of provisions of Part to prescribed information providers

31. (1) Nothing in section 12, 14, 15, 19, 20 or 25 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;

              (ii)     the sale or grant, or possible sale or grant, of an interest in land;

              (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 (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 of the Commonwealth;

        (b)     a person who is the provider of a broadcasting service under a class licence under that Act;

        (c)     the holder of a licence continued in force by subsection 5 (1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 of the Commonwealth;

        (d)     the Australian Broadcasting Corporation; and

        (e)     the Special Broadcasting Service;

“relevant goods or services”, in relation to a prescribed information provider, means goods or services of a kind supplied by the prescribed information provider or, where the prescribed information provider is a body corporate, by a body corporate that is related to the prescribed information provider;
“relevant interests in land”, in relation to a prescribed information provider, means interests in land, being interests of a kind sold or granted by the prescribed information provider, or where the prescribed information provider is a body corporate, by a body corporate that is related to the prescribed information provider.

Interpretation


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