"broadcast", in relation to a statement, means broadcast the statement by
wireless transmission or television or cause it to be so broadcast.
"publish", in relation to a statement, means:
- insert the statement in a newspaper or periodical or cause it to be so
- publicly exhibit the statement or cause it to be publicly exhibited; or
- 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.
(2) Where ASIC 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:
- futures contracts; or
- businesses carried on, or proposed to be carried on, by persons and
involving dealing in futures contracts on behalf of other persons; or
- futures advice businesses or proposed futures advice businesses;
unless the form and content of the statements have first been approved by
(3) An order under subsection (2) must not be made unless ASIC has first
given the person in relation to whom it proposes to make the order an
opportunity to appear at a hearing before ASIC (being a hearing that takes
place in private) and make submissions and give evidence to ASIC in relation
to the matter.
(4) A person the subject of an order under subsection (2) must comply
with the order.
(5) For the purposes of this section, where a statement is published or
broadcast and there is also published or broadcast in relation to the
- the name or address of a person; or
- the telephone or telex number of a person; or
- the post office or other delivery box number of a person;
it is presumed, unless the contrary is proved, that the statement was
published or broadcast by that person.