Broadcasting Act 1942
Act No. 33 of 1942 as amended
This compilation was prepared on 26 September 2000
taking into account amendments up to Act No. 105 of 1992
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary
1 Short title [see Note 1]...........................
4 Interpretation.................................
6 Application to the Territories.......................
Part IIID—Political broadcasts
Division 1—Introductory
95 Application and operation.........................
Division 2—Political advertisements etc.
95A Certain broadcasts not prevented.....................
95B Certain matter not to be broadcast during Commonwealth elections etc.
95C Certain matter not to be broadcast during Territory elections.....
95D Political advertisements not to be broadcast during State elections..
95E Some matter not to be broadcast during certain other periods.....
Division 3—Free election broadcasting time
95F Application of Division to radio broadcasts...............
95H Automatic grant of free time to certain parties.............
95J Regulations for the purposes of section 95H...............
95K Applications for grant of free time....................
95L Grant of free time on applications in relation to Senate elections...
95M Grant of free time on other applications.................
95N Notification of grants............................
95P Allocation to broadcasters.........................
95Q Broadcasting of election broadcasts....................
95R Appeals....................................
Division 4—Policy launches
95S Broadcasting policy launches.......................
Division 5—Miscellaneous
95T Tribunal to consider certain applications, complaints etc. immediately
95U Powers of Federal Court of Australia...................
134 Regulations..................................
Notes
An Act relating to Broadcasting, and for other purposes
Part 1—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Broadcasting Act 1942.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Australia includes the Territories.
election includes a by‑election (other than a by‑election for a local government authority of a State or a Territory).
election period means:
(a) in relation to an election to the Legislative Council of the State of Tasmania, or an ordinary election to the Legislative Assembly for the Australian Capital Territory—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(b) in relation to any other election to a Parliament—the period that starts on:
(i) the day on which the proposed polling day for the election is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day for the election; and
(c) in relation to an election to a local government authority—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and
(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth—the period…
Overview
The Broadcasting Act 1942, enacted by the Commonwealth Parliament, was established to regulate the broadcasting industry, ensuring that broadcasting services are provided in the public interest. This legislation was introduced to address issues related to the control, licensing, and operation of broadcasting services in Australia. It provided a framework for the management of broadcasting licenses and the content broadcasted during election periods. Over the years, the Act has been amended to keep pace with technological advancements and changing societal norms, with the most significant amendments occurring through the Broadcasting and Television Amendment Acts of the 1970s and 1980s, which refined the regulations on broadcasting licenses and content, particularly in relation to political advertising and election broadcasts. The Act aims to maintain a balance between freedom of expression and the need to prevent undue influence on electoral processes by regulating the content and timing of broadcasts during election periods.
Scope and Application
The Broadcasting Act 1942, as amended, applies to the Commonwealth, the Territories, and in certain cases, to the States. It governs the conduct of broadcasting entities and individuals, particularly in relation to political content and election periods. The Act primarily applies to broadcasters, which include licensees and permit holders, imposing restrictions on the dissemination of political advertisements and certain government-related content during election periods. The Act prohibits broadcasters from airing certain political advertisements during Commonwealth, Territory, and State elections, aiming to maintain fairness and neutrality in the electoral process. It mandates automatic grants of free time for political parties represented in the relevant Parliament or legislature, subject to regulations, and provides a mechanism for allocating this free time to broadcasters. Additionally, the Act allows broadcasters to air policy launches of political parties during election periods under specific conditions, ensuring equitable opportunities for all eligible parties. While the Act does not extend to local government elections, it does cover referendums and establishes a framework for managing broadcasting during these events. Certain exclusions apply, such as news, current affairs, public health matters, and advertisements not explicitly advocating voting for or against a candidate or political party. The Act’s application can be extended or modified through subordinate regulations, which may include provisions for penalties, fees, and other administrative details. Appeals against decisions made by the Tribunal regarding the grant of free time can be lodged with the Federal Court of Australia.
Key Provisions
- The Broadcasting Act 1942, as amended, contains several provisions governing the broadcasting of political matter during election periods. Under section 95B, a broadcaster must not, during the election period for a Commonwealth election or referendum, broadcast any matter for or on behalf of the government, or a government authority, of the Commonwealth, unless it is exempt matter. Similar provisions apply during the election periods for Territory elections (section 95C) and State elections (section 95D). Additionally, under section 95E, a broadcaster must not broadcast certain matter for or on behalf of the government, or a government authority, of the Commonwealth or a Territory outside of the election period. Broadcasters are also prohibited from broadcasting political advertisements during specified periods (section 95E). Broadcasters must also allocate free election time to certain political parties (section 95H) and may allocate free time to other political parties, persons, or groups on application (sections 95K and 95M). Broadcasters must make election broadcasts during the election period and provide an opportunity for all eligible political parties to broadcast their policy launches (sections 95Q and 95S).
- The Act imposes obligations on broadcasters to refrain from broadcasting certain matter during election periods, to apply for free election time, and to provide opportunities for political parties to broadcast their policy launches. Broadcasters must ensure that election broadcasts are made in accordance with regulations and guidelines. Broadcasters must also refrain from broadcasting political matter outside of specified election periods, unless it is exempt matter. Political parties and candidates must apply for free election time and ensure that their policy launches are broadcast if eligible.
- The Act provides for various penalties and consequences for breaches of its provisions. The Federal Court of Australia can make orders to prevent or stop breaches of sections 95B, 95C, 95D, 95E, and 95S, including interim orders (section 95U). The Governor-General can make regulations prescribing matters necessary or convenient to carry out or give effect to the Act, including provisions for fines not exceeding $1,000 for offences against the regulations (section 134). Additionally, the Act empowers the Minister, upon the recommendation of the Tribunal, to direct a person to grant rights to the use of material or matter in televised programs to the holder of a television licence in accordance with the direction and upon terms specified in the direction (section 134). The Act also provides for the Tribunal to consider certain applications, complaints, and information immediately where there is a contravention, or an alleged contravention, of specified sections (section 95T). Failure to comply with the Act's provisions may result in fines, orders, or other consequences as specified in the regulations or determined by the Federal Court of Australia.
- Area of Law
- Media & Entertainment Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Prohibited Conduct