12DNApplication of provisions of this Division to information providers

#### 12DN Application of provisions of this Division to information providers General rule (1) Sections 12DA, 12DB, 12DC and 12DF do 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. Exception—advertisements (2) Subsection (1) does not apply to a publication of an advertisement. Exception—information provider connected with supply of financial services (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, financial services (the publicised financial services), if: (a) the publicised financial services were 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 financial services of the same kind as the publicised financial 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 financial services of the same kind as the publicised financial services. Exception—information provider connected with supply etc. of financial products consisting of etc. interests in land (4) Subsection (1) does not apply to a publication of matter in connection with the supply, or the possible supply, of financial products that consist of, or include, interests in land, or the promotion by any means of the supply of financial products that consist of, or include, interests in land (the publicised financial products), if: (a) the publicised financial products were interests 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 financial products of the same kind as the publicised financial products; 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 financial products of the same kind as the publicised financial products. (4A) Subsection (4) applies whether or not a matter is published before or after the financial product consists of, or includes, an interest in land. Definitions (5) In this section: > information provider means a person who carries on a business of providing information. > interest, in relation to land, has the same meaning as in subsection 12DC(3). (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; (c) the holder of a licence continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992; (d) the Australian Broadcasting Corporation; (e) the Special Broadcasting Service Corporation.