Australian Consumer Law

Section 19

Application of this Part to information providers

(1)  This Part does not apply to a publication of matter by an information provider if:

(a)  in any case—the information provider made the publication in the course of carrying on a business of providing information; or

(b)  if the information provider is the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation or the holder of a licence granted under the Broadcasting Services Act 1992—the publication was by way of a radio or television broadcast by the information provider.

(2)  Subsection (1) does not apply to a publication of an advertisement.

(3)  Subsection (1) does not apply to a publication of matter in connection with the supply or possible supply of, or the promotion by any means of the supply or use of, goods or services (the publicised goods or services), if:

(a)  the publicised goods or services were goods or services of a kind supplied by the information provider or, if the information provider is a body corporate, by a body corporate that is related to the information provider; or

(b)  the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a person who supplies goods or services of the same kind as the publicised goods or services; or

(c)  the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a body corporate that is related to a body corporate that supplies goods or services of the same kind as the publicised goods or services.

(4)  Subsection (1) does not apply to a publication of matter in connection with the sale or grant, or possible sale or grant, of, or the promotion by any means of the sale or grant of, interests in land (the publicised interests in land), if:

(a)  the publicised interests in land were interests of a kind sold or granted by the information provider or, if the information provider is a body corporate, by a body corporate that is related to the information provider; or

(b)  the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a person who sells or grants interests of the same kind as the publicised interests in land; or

(c)  the publication was made on behalf of, or pursuant to a contract, arrangement or understanding with, a body corporate that is related to a body corporate that sells or grants interests of the same kind as the publicised interests in land.

(5)  An information provider is a person who carries on a business of providing information.

(6)  Without limiting subsection (5), each of the following is an information provider:

(a)  the holder of a licence granted under the Broadcasting Services Act 1992;

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

(d)  the Australian Broadcasting Corporation;

(e)  the Special Broadcasting Service Corporation.