Political Broadcasts (Tasmania) Regulations (Cth)

Statutory Rales 1991 No. 4821

––––––––––––

Political Broadcasts (Tasmania) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Broadcasting Act 1942.

Dated 19 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

 

NICK BOLKUS

Minister of State for Administrative Services for and on behalf of the Minister of State for Transport and Communications

–––––––––––––

Citation

1. These Regulations may be cited as the Political Broadcasts (Tasmania) Regulations.

Commencement

2. These Regulations commence on 1 January 1992.

 

Interpretation

3. In these Regulations, unless the contrary intention appeals:

“1989 election” means the election held on 13 May 1989;

“Act” means the Broadcasting Act 1942;

“campaign period” means the period:

(a) beginning:

(i) when nominations for the next election close; or

(ii) on the third Saturday before the day on which the election is held;

whichever occurs later; and

(b) ending at midnight on the Wednesday immediately before the election is held;

“candidate” means an individual who is a candidate for the next election;

“election” means an election to the Parliament, but does not include a by-election;

“eligible broadcaster”:

(a) means a broadcaster other than the Service; and

(b) includes each of the Corporation’s television stations and metropolitan and regional AM radio networks in Tasmania;

“independent candidate” means a candidate who does not represent a political party;

“new party”, in relation to an election, means a political party that was not represented in the Parliament immediately before the end of its last sittings held before the election;

“next election” means the first election to the House of Assembly of the

Parliament held after the day on which these Regulations commence;

“Parliament” means the Parliament of Tasmania;

“represented party”, in relation to an election, means a political party that was represented by 1 or more members in the Parliament immediately before the end of its last sittings held before the next election;

“total voting share” means the sum of the voting shares of all represented parties that are contesting the next election with at least 12 candidates;

“voting share”, in relation to a represented party, means the percentage of formal first preference votes cast at the 1989 election:

(a) for the party; and

(b) given to, or taken from, the party under regulation 6.

 

What is the prescribed period in relation to the next election?

4. For the purposes of subsection 95DD (1) of the Act, the prescribed period in relation to the next election is the period beginning when writs for the election are issued and ending at midnight on the Wednesday immediately before the election is held.

What is the minimum number of candidates that must contest the next election for a represented party?

5. For the purposes of paragraph 95DD (1) (b) of the Act, the prescribed number of candidates is 12.

[NOTE: The effect of subsection 95dd (1) of the Act is that the Tribunal must grant a period of free time to a represented party that is contesting the next election with at least the prescribed number of candidates.]

How is free time granted to a represented party?

6. For the purposes of subsection 95DD (2) of the Act, the amount of free time to which a represented party is entitled is calculated in the following manner:

STEP l Identify each Member of Parliament who:

 (a) was a member of a represented party (the “current party”)  in the Parliament immediately before the end of its last sittings  held before the next election; and

 (b) was elected at the 1989 election as:

 (i) an independent candidate; or

 (ii) a candidate for a political party other than his or her current party.

He or she is a “transferring Member”.

STEP 2 If a transferring Member was an independent candidate at the  1989 election:

 (a) identify the number of formal first preference votes that he  or she received at the 1989 election; and

 (b) give the votes to his or her current party for the purpose of  calculating its voting share.

 This step applies whether or not the Member is contesting the  next election.

 

STEP 3 If a transferring Member was a candidate for a political party at  the 1989 election:

 (a) divide the number of formal first preference votes that the  party received at the 1989 election by the number of candidates  elected to the Parliament; and

 (b) give the number of votes obtained under paragraph (a) to the current party for the purpose of calculating its voting share.

 This step applies whether or not the Member is contesting the  next election.

 For the purpose of calculating the voting share of the party that  the transferring Member represented at the 1989 election, take  the number of votes obtained under paragraph (a) from the  number of formal first preference votes that it received at the  1989 election.

STEP 4 After votes have been given in relation to all transferring  Members, calculate an amount of free time for each party using  the formula:

STEP 5 Reduce the amount obtained in Step 4 to the nearest whole  number that is evenly divisible by the number of broadcasters that are required to make broadcasts in the campaign period.

 This is the amount of free time to be granted to the party.

What is the total free time available in respect of the next election?

7. For the purposes of subsection 95DD (4) of the Act, the total time available for the next election is a number of minutes calculated using the formula:

 

[NOTE: The total time is the sum of an amount of 4 minutes of free time:

(a) for each eligible broadcaster; and

(b) for each day on which the eligible broadcasters are required to use units of free time.]

How to make an application for a grant of free time

8. For the purposes of subsection 95DF (2) of the Act, an application:

 (a) by the chief executive officer of a political party to which regulation 6 does not apply; or

 (b) by an independent candidate;

for a grant of free time must be received by the Tribunal in the period that commences when writs for the next election are issued and ends at the end of the day on which nominations close.

How is free time granted to a party to which regulation 6 does not apply or to an independent candidate?

9. (1) For the purposes of section 95DH of the Act, the order in which:

 (a) political parties to which regulation 6 does not apply; and

 (b) independent candidates;

will be granted free time is as follows:

FIRST  A represented party that is contesting the election with fewer  than 12 candidates, or an independent candidate who was a  Member of the Parliament immediately before the end of its last sittings held before the next election.

• party or candidate to be granted free time is the one that

  received the greater or greatest percentage of formal first  preference votes in the 1989 election, followed by the other  parties and candidates in descending order of percentage of  formal first preference votes.

• If more than 1 party or candidate has the same percentage of

  formal first preference votes, the order in which they will be  granted free time will be determined by a ballot conducted by  the Tribunal.

 

SECOND A new party that:

 (a) contested the 1989 election; and

 (b) received at least 4% of the formal first preference votes cast  at that election.

 If this circumstance applies to more than 1 party, the first party  to be granted free time is the one that received the greater or  greatest percentage of formal first preference votes in the 1989   election, followed by the other parties in descending order of  percentage of formal first preference votes.

 If more than 1 party has the same percentage of formal first  preference votes, the order in which they will be granted free  time will be determined by a ballot conducted by the Tribunal.

THIRD An independent candidate who:

 (a) was not a member of the Parliament immediately before the  end of its last sittings held before the next election;

 and

 (b) contested the 1989 election; and

 (c) received at least 4% of the formal first preference votes cast   at that election.

 If this circumstance applies to more than 1 candidate, the first  candidate to be granted free time will be determined by a ballot  conducted by the Tribunal.

FOURTH A new party that:

 (a) contested the 1989 election; and

 (b) received less than 4% of the formal first preference votes   cast at that election.

 If this circumstance applies to more than 1 party, the first party  to be granted free time is the one that received the greater or  greatest percentage of formal first preference votes in the 1989   election, followed by the other parties in descending order of  percentage of formal first preference votes.

 

 If more than 1 party has the same percentage of formal first  preference votes, the order in which they will be granted free  time will be determined by a ballot conducted by the Tribunal.

FIFTH A new party that did not contest the 1989 election.

• If this circumstance applies to more than 1 party, the first party

  to be granted free time is the one with more or the most number  of candidates, followed by the other parties in descending order of number of candidates.

• If more than 1 party has the same number of candidates, the

  order in which they will be granted free time will be determined by a ballot conducted by the Tribunal.

SIXTH Other independent candidates.

• If this includes more than 1 candidate, the order in which they

  will be granted free time will be determined by a ballot  conducted by the Tribunal.

(2) 2 minutes of free time for each eligible broadcaster will be granted to each political party or independent candidate:

  (a) in the order set out in subregulation (1); and

  (b) until the time available to be granted is less than 2 minutes for  each eligible broadcaster.

Notification of a grant of free time

10. For the purposes of subsection 95DJ (1) of the Act, when the Tribunal decides to grant free time to an applicant for free time, or refuses to grant free time to the applicant, the Tribunal must send a notice of its decision to the applicant at the address given in the application.

 

How will the Tribunal create and allocate units of free time?

11. (1) For the purposes of subsection 95DK (1) of the Act, the number of units of free time in the amount of free time granted to a political party or an independent candidate is the whole number calculated using the formula:

(2) For the purposes of subsection 95DK (2) of the Act, a part of a unit of free time calculated under subregulation (1) is to be distributed by the Tribunal in the following manner:

STEP 1 Add together all parts of units calculated in relation to  candidates and new parties. This is “available time”.

STEP 2 Identify political parties and independent candidates in the  order in which they were identified under regulation 9.

STEP 3 Calculate the amount of time that must be added to the time  already granted to the first political party or independent  candidate on that order to increase the party’s or candidate’s  number of units to the next whole number.

STEP 4 If the available time is equal to or more than the amount calculated in Step 3, distribute the time required by the political party or independent candidate and repeat Step 3 for the next  political party or independent candidate in the order.

• If the available time is less than the amount calculated in Step

  3, repeat Step 3 for the next political party or independent  candidate in the order.

STEP 5 Repeat Steps 3 and 4 until no time already granted can be  increased to the next whole number.

(3) For the purposes of subsection 95DK (3) of the Act, the  Tribunal must allocate units of free time by:

 (a) dividing the number of units by the number of eligible  broadcasters; and

 

 (b) discounting parts of units that are obtained under paragraph  (a); and

 (c) allocating an equal number of units to each eligible  broadcaster until the number of units left is less than the  number of eligible broadcasters; and

 (d) discounting units that are left over after the allocation under  paragraph (c).

How must a broadcaster use a unit of free time?

12. (1) For the purposes of subsection 95DL (2) of the Act, a broadcaster must use a unit of free time:

 (a) in the campaign period; and

 (b) in the case of a unit that is to be used for a television broadcast:

 (i) in the period commencing at 6pm and ending at 10pm on a day other than a Sunday; and

 (ii) so that at least 1 broadcast is made in the period commencing at 6pm and ending at 8.32pm on a day other than a Sunday; and

 (iii) unless the Tribunal directs the broadcaster not to do so—at the same time that another broadcaster uses a unit in relation to the same political party or independent candidate; and

 (c) in the case of a unit that is to be used for a radio broadcast— in the period commencing at 8am and ending at 11am on a day other than a Sunday; and

 (d) as far as practicable, to transmit election broadcasts made by each political party and independent candidate to approximately the same number of viewers or listeners in the area serviced by the broadcaster; and

 (e) in a manner that ensures that election broadcasts commence at least 1 hour apart.

(2) The broadcaster must not use a unit of free time:

 (a) on a Sunday; or

 (b) outside the period applicable to the broadcaster under subregulation (1); or

 

 (c) to transmit an election broadcast of a political party or a candidate if:

 (i) the broadcaster has already made a unit of free time available to a political party or an independent candidate in the campaign period; and

 (ii) another broadcaster has not made a unit available to the party or candidate; or

 (d) to allow a political party or an independent candidate to make more than 1 election broadcast on a day.

(3) In addition to subregulations (1) and (2), if the number of units allocated to a broadcaster is more than the number of days in the campaign period, excluding Sundays, multiplied by 2, the broadcaster must:

 (a) calculate the difference between the numbers; and

 (b) identify a period of consecutive days (not including Sundays):

 (i) that ends at the end of the Wednesday immediately before the day on which the next election is held; and

 (ii) that is equal in number to the number calculated in paragraph (a); and

 (c) use 1 unit, in addition to the units that the broadcaster is required to use under paragraph 95DL (4) (c) of the Act, on each day in that period.

When is a broadcaster not required to make a unit of free time available?

13. (1) For the purposes of paragraph 95DL (6) (b) of the Act, a broadcaster is not required to make a unit of free time available to a political party unless the chief executive officer of the party:

 (a) gives the broadcaster a copy of the broadcast no later than:

 (i) if the broadcast is to be made on a weekend—noon on the Friday immediately before the weekend; or

 (ii) in any other case—noon on the day immediately before the day on which the broadcast is to be made; and

 (b) on or before the time referred to in paragraph (a), enters into a deed on behalf of the party indemnifying the broadcaster in relation to a civil action against the broadcaster in relation to the broadcast.

 

(2) For the purposes of paragraph 95DL (6) (b) of the Act, a broadcaster is not required to make a unit of free time available to a candidate unless the candidate:

 (a) gives the broadcaster a copy of the broadcast no later than:

 (i) if the broadcast is to be made on a weekend—noon on the Friday immediately before the weekend; or

 (ii) in any other case—noon on the day immediately before the day on which the broadcast is to be made; and

 (b) on or before the time referred to in paragraph (a), enters into a deed under which the candidate indemnifies the broadcaster in relation to a civil action against the broadcaster in relation to the broadcast.

[NOTE: The effect of paragraphs (1) (a) and (2) (a) is that all broadcasts must be prerecorded.]

How much additional broadcasting time is a licensee entitled to?

14. For the purposes of subsection 95DL (7) of the Act, if a licensee is subject to a restriction imposed by the Tribunal in relation to the amount of time in which the licensee may broadcast advertisements, the amount of additional broadcasting time to which the licensee is entitled for the purpose of broadcasting advertisements is equal to the amount of time required by the licensee to make election broadcasts.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

NOTE

1. Notified in the Commonwealth of Australia Gazette on