POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 7
POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 7
7. After Part IIIC of the Principal Act the following Part is inserted: "PART IIID - POLITICAL BROADCASTS "Division 1 - Introductory Application and operation "95. (1) This Part applies to a licensee whether the licence or permit held by the licensee was granted before or after the commencement of this Part. "(2) It is the intention of the Parliament that the several provisions of this Part should operate to the extent to which they are capable of validly operating. "Division 2 - Political advertisements, etc. Certain broadcasts not prevented "95A. (1) Nothing in this Part prevents a broadcaster from broadcasting: (a) an item of news or current affairs, or a comment on any such item; or (b) a talkback radio program. "(2) Nothing in this Part prevents the holder of a public radio licence who provides a service for visually handicapped persons from broadcasting any material that he or she is permitted to broadcast under section 119AB. "(3) Nothing in this Part prevents a broadcaster from broadcasting an advertisement for, or on behalf of, a charitable organisation if: (a) the advertisement is aimed at promoting the objects of the organisation; and (b) the advertisement does not explicitly advocate voting for or against a candidate in an election or a political party. "(4) Nothing in this Part prevents a broadcaster from broadcasting public health matter, whether by way of advertisement or otherwise. "(5) In this section: "charitable organisation" means a public organisation whose objects are to benefit the public through the relief of poverty, or the advancement of education, religion, public health or science; "public health matter" means any matter relating to public health, other than matter that: (a) directly or indirectly promotes or criticises a particular public health system; or (b) explicitly advocates voting for or against a candidate in an election or a political party. Certain matter not to be broadcast during Commonwealth elections etc. "95B. (1) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Commonwealth. "(2) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a Territory. "(3) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a State. "(4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement: (a) for or on behalf of a person other than a government or government authority; or (b) on his or her own behalf. "(5) Where the election concerned is a by-election, this section is taken to apply only to broadcasting: (a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and (b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the service area. "(6) In this section: "election" means an election to the Parliament of the Commonwealth; "political advertisement" means an advertisement that contains political matter; "political matter" means: (a) matter intended or likely to affect voting in the election or referendum concerned; or (b) matter containing prescribed material; but does not include exempt matter; "prescribed material" means material containing an express or implicit reference to, or comment on, any of the following: (a) the election or referendum concerned; (b) a candidate or group of candidates in that election; (c) an issue submitted or otherwise before electors in that election; (d) the government, the opposition, or a previous government or opposition, of the Commonwealth; (e) a member of the Parliament of the Commonwealth; (f) a political party, or a branch or division of a political party. Certain matter not to be broadcast during Territory elections "95C. (1) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of that Territory. "(2) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of the government, or a government authority, of another Territory. "(3) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of the government, or a government authority, of the Commonwealth. "(4) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of a government, or a government authority, of a State. "(5) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement: (a) for or on behalf of a person other than a government or government authority; (b) on his or her own behalf. "(6) Where the election concerned is a by-election, this section is taken to apply only to broadcasting: (a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and (b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it overlaps with the service area. "(7) In this section: "political advertisement" means an advertisement containing political matter; "political matter" means: (a) matter intended or likely to affect voting in the election concerned; or (b) matter containing prescribed material; but does not include exempt matter; "prescribed material" means material containing an express or implicit reference to, or comment on, any of the following: (a) the election concerned; (b) a candidate or group of candidates in that election; (c) an issue submitted or otherwise before electors in that election; (d) the government, the opposition, or a previous government or opposition, of the Territory in which that election is held; (e) a member of the legislature of that Territory; (f) a political party, or a branch or division of a political party. Political advertisements not to be broadcast during State elections "95D. (1) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of the Commonwealth. "(2) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a Territory. "(3) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a State. "(4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election, broadcast a political advertisement: (a) for or on behalf of a person other than a government or government authority; or (b) on his or her own behalf. "(5) Where the election concerned is a by-election, this section is taken to apply only to broadcasting: (a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and (b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it overlaps with the service area. "(6) In this section, unless the contrary intention appears: "election" means an election to a State Parliament or to a local government authority of a State; "political advertisement" means an advertisement containing political matter; "political matter" means: (a) matter intended or likely to affect voting in the election concerned; or (b) matter containing prescribed material; but does not include exempt matter; "prescribed material" means material containing an express or implicit reference to, or comment on, any of the following: (a) the election concerned; (b) a candidate or group of candidates in that election; (c) an issue submitted or otherwise before electors in that election; (d) the government, the opposition, or a previous government or opposition, of the State in which that election is held; (e) a member of the Parliament of that State; (f) a political party, or a branch or division of a political party. Some matter not to be broadcast during certain other periods "95E. (1) If, when a prescribed day in relation to the Parliament of the Commonwealth occurs, it does not do so during the election period in relation to an election to the Parliament, a broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Commonwealth during the period that starts on that day and ends immediately before the next election period starts. "(2) If, when a prescribed day in relation to the legislature of a Territory (other than the Australian Capital Territory) occurs, it does not do so during the election period in relation to an election to the legislature, a broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of that Territory during the period that starts on that day and ends immediately before the next election period starts. "(3) A broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Australian Capital Territory during the period that: (a) starts 3 calendar months before the day on which the Legislative Assembly for the Australian Capital Territory is next due to expire; and (b) ends immediately before the start of the election period in relation to the next ordinary election to the Legislative Assembly. "(4) In this section: "election" does not include a by-election; "prescribed day" means: (a) in relation to the Parliament of the Commonwealth - the day that occurs 3 calendar months before the day on which the House of Representatives is next due to expire; and (b) in relation to the legislature of a Territory - the day that occurs 3 calendar months before the day on which the legislature is next due to expire. "Division 3 - Free election broadcasting time Application of Division to radio broadcasts "95F. (1) Nothing in this Division is to be treated as requiring or permitting the Service or a licensee to broadcast an election broadcast by radio. "(2) Nothing in this Division is to be treated as requiring the Corporation to broadcast an election broadcast by radio other than on its metropolitan and regional AM networks. "(3) Despite section 95G, the Corporation may broadcast by radio a broadcast that complies with paragraphs 95G (a) to (e), inclusive, but which lasts for longer than 1 minute, and any such broadcast is taken to be an election broadcast for the purposes of this Division. "(4) Despite anything in this Division, the Corporation may determine the times when it broadcasts election broadcasts by radio. Election broadcasts "95G. Subject to section 95F, a broadcast made on behalf of a political party, a candidate or a group in relation to an election is, for the purposes of this Division, taken to be an election broadcast if, and only if: (a) the broadcast is of an advertisement that consists of words spoken by a single speaker (without dramatic enactment or impersonation) accompanied, where the advertisement is televised, by a transmitted image that consists of the head and shoulders of the speaker; and (b) the broadcast does not include any other image, or includes a single additional static background image only; and (c) no other vocal sounds are included in the broadcast; and (d) the speaker is a candidate in the election or a member of the Parliament of the Commonwealth or a State, or of a legislature of a Territory; and (e) if section 117 applies - the required particulars within the meaning of that section are announced by the person who speaks the words of the advertisement; and (f) the broadcast lasts for: (i) in the case of a televised broadcast - 2 minutes; and (ii) in the case of a broadcast by radio - 1 minute; and (g) the broadcast is made using a unit of free time allocated to the broadcaster under section 95P. Automatic grant of free time to certain parties "95H. (1) The Tribunal must, within the prescribed period in relation to an election, grant a period of free time to each political party that: (a) was represented by one or more members in the relevant Parliament or legislature immediately before the end of the last sittings of that Parliament or legislature held before the election; and (b) is contesting the election with at least the prescribed number of candidates. "(2) The total free time period to be granted to political parties under subsection (1) is the period equal to 90% of the total time in respect of the election, and the Tribunal must grant each of those parties such part of that total free time period as it determines in accordance with the regulations. "(3) Regulations made for the purposes of subsection (2) must, so far as is practicable, give effect to the principle that the amount of free time granted to each party should bear the same proportion to the total free time period mentioned in that subsection as the number of formal first preference votes obtained by that party or its candidates at the last election to the relevant Parliament or legislature bears to the total number of such votes obtained by all of the parties mentioned in subsection (1) or their candidates at that last election. "(4) In this section: "election" means an election (other than a by-election) to: (a) the Parliament of the Commonwealth; or (b) the legislature of a Territory; or (c) a State Parliament; "total time", in relation to an election, means the total free time available in respect of the election, being a time worked out in accordance with the regulations. Regulations for the purposes of section 95H "95J. This Part does not apply in relation to an election to the Parliament of the Commonwealth or of a State, or in relation to an election to the legislature of a Territory until regulations are made for the purposes of section 95H that relate to that election. Applications for grant of free time "95K. (1) The chief executive officer of a political party (other than a political party to which section 95H applies), or any other person or group of persons, may apply to the Tribunal for a grant of free time in relation to an election (other than a by-election) to: (a) the Parliament of the Commonwealth; or (b) the legislature of a Territory; or (c) a State Parliament. "(2) An application must be in the approved form and made in accordance with the regulations. Grant of free time on applications in relation to Senate elections "95L. (1) If, on receipt of an application by a person for a grant of free time in relation to a Senate election, the Tribunal is satisfied that: (a) the person is a candidate in the election; and (b) the person was a member of the Senate immediately before the end of the last sittings of the Senate held before the election; and (c) the person is not a member of a political party to whom a grant of free time has been made under section 95H; the tribunal must grant the person a period of free time. "(2) The period to be granted to a person under this section is a period determined by the Tribunal in accordance with the regulations, being a period equal to not less than 5% of the total time in respect of the election nor more than 10% of that total time. "(3) If the Tribunal is required under this section to grant a period of free time to 2 or more persons, the Tribunal must divide the period determined under subsection (2) between them in accordance with the regulations. "(4) In this section: "total time" has the same meaning as in section 95H. Grant of free time on other applications "95M. (1) If, on receipt of an application for the grant to a political party of a period of free time in relation to an election, the Tribunal is satisfied that the party has endorsed one or more candidates to contest the election, the Tribunal may, subject to the regulations, grant the party a period of free time determined in accordance with the regulations. "(2) If, on receipt of an application for the grant to a person or a group of persons (other than a person or persons to whom section 95L applies) of a period of free time in relation to an election, the Tribunal is satisfied that the person, or each of the persons, is a candidate in the election, the Tribunal may grant the person or group a period of free time in accordance with the regulations. Notification of grants "95N. (1) The Tribunal must, in accordance with the regulations, notify: (a) the chief executive officer of each political party to which a period of free time has been granted; and (b) every other person to whom such a period has been granted; of the period so granted. "(2) If the Tribunal refuses to grant an application under section 95L or 95M, the Tribunal must, in accordance with the regulations, notify the applicant accordingly and specify its reasons for refusing the application. "(3) The Tribunal must cause a notice to be published in the Gazette specifying: (a) the political parties and persons to whom a period of free time has been granted; and (b) the period that has been granted to each of them. Allocation to broadcasters "95P. (1) The Tribunal must divide each period of free time granted under this Division into units of free time in accordance with the regulations. "(2) If the division of a period of free time granted to a political party, person or group under this Division results in a number of whole units and part of a unit, the Tribunal must, in accordance with the regulations, distribute that part of a unit to or between any other political parties, persons or groups granted a period of free time under this Division. "(3) The Tribunal must, in accordance with the regulations, allocate units of free time to broadcasters. Broadcasting of election broadcasts "95Q. (1) Subject to this section, where one or more units of free time are allocated to a broadcaster under section 95P, the broadcaster must make the unit or units available for use in making one or more election broadcasts during the election period for the election on behalf of the political party, person or group to whom the time is granted. "(2) Subject to this section, the broadcaster must use the units in accordance with the regulations and any guidelines determined by the Tribunal. "(3) A broadcaster must not make an election broadcast in relation to an election before the close of nominations for the election. "(4) Subject to this section, a broadcaster must make, during the election period in relation to an election, at least: (a) in the case of an election to the Parliament of the Commonwealth - 3 election broadcasts by television on each day on which the broadcaster is required to use units of free time allocated to it to make an election broadcast; and (b) in the case of an election to the legislature of a Territory - the prescribed number of election broadcasts by television on each such day; and (c) in the case of an election to a State Parliament - 2 election broadcasts by television on each such day. "(5) A broadcaster who is required to make an election broadcast must do so free of charge. "(6) A broadcaster is not required to make a unit or units of free time available under subsection (1): (a) if the political party, person or group to whom the time is granted notifies the broadcaster that he, she or it does not intend to use the time; or (b) in the prescribed circumstances. "(7) A licensee who is required to make an election broadcast is entitled to such additional broadcasting time, for the purpose of broadcasting other material, as is determined in accordance with the regulations. Appeals "95R. If the Tribunal makes a decision refusing an application under section 95L or 95M for the grant of free time to a political party, person or group of persons, the party, person or persons may appeal to the Federal Court of Australia against the decision. "Division 4 - Policy launches Broadcasting policy launches "95S. (1) Where: (a) a political party has endorsed one or more candidates for the purposes of an election to the Parliament of the Commonwealth or to a legislature of a Territory; and (b) the political party is represented by one or more members of that Parliament or legislature, or was so represented during the last sittings of the Parliament or legislature held before the election; and (c) the party's chief executive officer, by written request, asks a broadcaster to broadcast the party's policy launch in relation to the election; the broadcaster may broadcast that policy launch once during the election period in relation to the election. "(2) Where: (a) a political party has endorsed one or more candidates for the purposes of an election to a State Parliament; and (b) the political party is represented by one or more members of that Parliament, or was so represented during the last sittings of the Parliament held before the election; and (c) the party's chief executive officer, by written request, asks a broadcaster to broadcast the party's policy launch in relation to the election; the broadcaster may broadcast that policy launch once during the election period in relation to the election. "(3) If a broadcaster broadcasts the policy launch of a political party in relation to an election, the broadcaster must give a reasonable opportunity to every other political party that: (a) has endorsed one or more candidates for the purposes of the election; and (b) is represented by one or more members of the relevant Parliament, or was so represented during the last sittings of the Parliament held before the election; for the broadcasting of the party's policy launch. "(4) A broadcast under this section must be made free of charge and must not last for longer than 30 minutes. "(5) A broadcaster must not broadcast a political party's policy launch in relation to an election more than once. "(6) A broadcaster must not broadcast a political party's policy launch in relation to an election otherwise than under this section. "(7) This section does not prevent the broadcasting of an excerpt of reasonable length from a political party's policy launch as part of a news report or current affairs program even if the policy launch has been previously broadcast under this section. "(8) In this section: "election" does not include a by-election; "political party" does not include a State branch or a local branch of a political party. "Division 5 - Miscellaneous Tribunal to consider certain applications, complaints etc. immediately "95T. Where an application is made to the Tribunal, or the Tribunal receives a complaint or information, about a contravention, or an alleged contravention, of section 95B, 95C, 95D, 95E or 95S, the Tribunal must take all reasonable steps to ensure that the application, complaint or information is considered and dealt with immediately. Powers of Federal Court of Australia "95U. (1) On application by the Tribunal, the Federal Court of Australia may make such orders as it thinks necessary or expedient for the purpose of preventing, or preventing a repetition of, a contravention of section 95B, 95C, 95D, 95E or 95S. "(2) An order may be made under subsection (1) whether or not any other proceedings have been or are to be instituted. "(3) The Court may, if it thinks fit, grant an interim order pending the determination of an application under subsection (1). "(4) In addition to its other powers under this section, the Court may: (a) for the purpose of securing compliance with any other order under this section, make an order directing a person to do, or not to do, a specified act; and (b) make such ancillary or consequential orders as the Court thinks just. "(5) The Court may, by order, rescind, vary, suspend the operation of, or discharge an order under this section.".