Political Broadcasts (Australian Capital Territory) Regulations 1991 No. 483
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 483
Issued by the Authority of the Minister for Transport and Communications Broadcasting Act 1942
Political Broadcasts (Australian Capital Territory) Regulations
The Political Broadcasts and Political Disclosures Act 1991 amends the Broadcasting Act 1942 (the Act) to ban political advertising in the electronic media for elections and referendums (federal, state, territory and local government) with the exception of free time as prescribed and allocated by the Regulations. Under section 95DD of the Act, regulations may be made which determine the amount of free time to be allocated at the next election. Section 134 of the Act provides that the Governor- General may make regulations for the purposes of the Act
Regulation 1 cites the name of the Regulations. Regulation 2 provides that the Regulations are to commence on 1 January 1992. Regulation 3 provides interpretation of terms in the Regulations.
Regulation 4 defines the prescribed period in relation to the next election as the period beginning l week before nominations for the election close to midnight on the Wednesday immediately before the election. Regulation 5 defines the prescribed minimum number of candidates for a party must run at the next election is 12 in order to qualify for free time.
Regulation 6 sets out the method for allocating free time to a represented party. Regulation 7 sets out the method for determining the total amount of free time that is available for the next election.
Regulation 8 defines how to make an application to the Broadcasting Tribunal (the Tribunal) for the grant of free time. Regulation 9 sets out the method for determining the total amount of free time that is available to parties to which regulation 6 does not apply or for independent candidates.
Regulation 10 specifies that the Tribunal must send a notice of its decision to the applicant. Regulation 11 sets out the method by which the Tribunal will create and allocate units of free time.
Regulation 12 sets out how broadcasters will be able to use units of free time. Regulation 13 sets out the minimum number of election broadcasts that a broadcaster is required to use. Regulation 14 sets out when a broadcaster is not required to make a unit of free time available. Regulation 15 provides that if a broadcaster is restricted by the Tribunal in relation to the amount of time for advertising then their allocation will be increased to the amount of free time they are required to allocate.
Overview
The Political Broadcasts (Australian Capital Territory) Regulations 1991 were enacted to provide a framework for the allocation and regulation of free political broadcasting time for the Australian Capital Territory, as amended by the Political Broadcasts and Political Disclosures Act 1991. This Act amended the Broadcasting Act 1942 to ban political advertising in the electronic media for elections and referendums, except for the free time allocated by these regulations. The purpose of these regulations is to ensure a level playing field for political parties and candidates by providing them with equal access to broadcasting time. The regulations were issued under the authority of the Minister for Transport and Communications and the provisions of section 134 of the Broadcasting Act 1942, which allows the Governor-General to make regulations for the purposes of the Act. The regulations aim to establish a transparent and equitable system for the allocation of free political broadcasting time to ensure compliance with the legislative intent of the Political Broadcasts and Political Disclosures Act 1991.
Scope and Application
The Political Broadcasts (Australian Capital Territory) Regulations 1991 apply to the implementation of the Political Broadcasts and Political Disclosures Act 1991, which amends the Broadcasting Act 1942 to regulate political advertising in the electronic media during elections and referendums (federal, state, territory, and local government). The Regulations specifically address the allocation of free time for political advertising, excluding it from the general ban on such advertisements. The Regulations apply to parties and independent candidates who meet the criteria set out in Regulation 5, which requires a party to field a minimum of 12 candidates to be eligible for free time. Regulation 6 outlines the process for allocating free time to represented parties, while Regulation 9 specifies the method for determining the total amount of free time available to parties that do not meet the criteria or to independent candidates. The Regulations also detail the procedures for applying for free time, as outlined in Regulation 8, and the requirements for broadcasters to use the allocated free time, as per Regulations 12 to 15. These Regulations extend the application of the Act through subordinate instruments, providing specific rules and guidelines for the implementation of the broader legislative framework.
Key Provisions
The Political Broadcasts (Australian Capital Territory) Regulations 1991 provide detailed provisions for the allocation and use of free time in political broadcasting during elections and referendums in the ACT. Regulation 4 specifies that the prescribed period for the next election begins one week before nominations close, which is the Wednesday before the election (Regulation 4). Regulation 5 sets a threshold of 12 candidates for a party to qualify for free time during the election (Regulation 5). Regulation 6 outlines the method for allocating free time to represented parties, while Regulation 7 determines the total amount of free time available for the next election (Regulations 6 and 7). Regulation 8 details how parties can apply to the Broadcasting Tribunal for free time, and Regulation 9 outlines the method for determining free time for parties and independent candidates who do not meet the criteria in Regulation 6 (Regulations 8 and 9). Regulation 10 requires the Tribunal to notify applicants of its decision (Regulation 10), and Regulation 11 explains how the Tribunal will create and allocate units of free time (Regulation 11). Regulation 12 specifies how broadcasters can use these units, while Regulation 13 sets out the minimum number of election broadcasts a broadcaster must use (Regulations 12 and 13). Regulation 14 identifies situations where a broadcaster is not required to make a unit of free time available (Regulation 14), and Regulation 15 addresses the adjustment of free time allocations for broadcasters restricted by the Tribunal (Regulation 15).
The Regulations impose specific obligations on political parties, independent candidates, and broadcasters. Political parties and independent candidates must meet the threshold of 12 candidates to qualify for free time, and they must apply to the Broadcasting Tribunal for the allocation of free time units as per Regulation 8. Broadcasters are required to use the allocated units of free time for political broadcasts and must comply with the minimum number of election broadcasts specified in Regulation 13. The Broadcasting Tribunal has the responsibility of allocating free time units to eligible parties and candidates, creating and allocating units of free time, and notifying applicants of its decisions as stipulated in Regulations 10 and 11. Broadcasters must ensure they use the allocated free time appropriately and adhere to the conditions set out in the Regulations.
Failure to comply with the provisions of these Regulations may result in legal consequences. The Act and Regulations do not explicitly state specific offences, penalties, or consequences for breach; however, non-compliance could potentially lead to disputes or legal actions under the general provisions of the Broadcasting Act 1942 and the Political Broadcasts and Political Disclosures Act 1991. The Broadcasting Tribunal may also take administrative actions against broadcasters who fail to comply with the free time requirements.