THE CORPORATIONS LAW

CHAPTER 8 - THE FUTURES INDUSTRY

PART 8.4 - CONDUCT OF FUTURES BUSINESS

SECTION 1205   UNDESIRABLE ADVERTISING  

1205(1)  [Definitions]  

In this section:

``publish'' , in relation to a statement, means:

(a)  insert the statement in a newspaper or periodical or cause it to be so inserted;

(b)  publicly exhibit the statement or cause it to be publicly exhibited; or

(c)  include the statement, or cause it to be included, in a document that, whether or not in response to a request, is sent or delivered to a person, or thrown or left upon premises in the occupation of a person;

``broadcast'' , in relation to a statement, means broadcast the statement by wireless transmission or television or cause it to be so broadcast.

1205(2)  [Commission may prohibit statements]  

Where the Commission considers that, having regard to conduct that a person has engaged in, is engaging in, or proposes to engage in, it is in the public interest to do so, it may, by written order given to the person, prohibit the person from publishing or broadcasting statements about:

(a)  futures contracts; or

(b)  businesses carried on, or proposed to be carried on, by persons and involving dealing in futures contracts on behalf of other persons; or

(c)  futures advice businesses or proposed futures advice businesses;

unless the form and content of the statements have first been approved by the Commission.

1205(3)  [Opportunity for hearing]  

An order under subsection (2) shall not be made unless the Commission has first given the person in relation to whom it proposes to make the order an opportunity to appear at a hearing before the Commission (being a hearing that takes place in private) and make submissions and give evidence to the Commission in relation to the matter.

1205(4)  [Compliance with order]  

A person the subject of an order under subsection (2) shall comply with the order.

1205(5)  [Person presumed to publish or broadcast]  

For the purposes of this section, where a statement is published or broadcast and there is also published or broadcast in relation to the statement:

(a)  the name or address of a person;

(b)  the telephone or telex number of a person; or

(c)  the post office or other delivery box number of a person;

it shall be presumed, unless the contrary is proved, that the statement was published or broadcast by that person.