Political Broadcasts (Australian Capital Territory) Regulations (Amendment)
1992 No. 4
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 4
Issued by the Authority of the Minister for Transport and Communications
BROADCASTING ACT 1942
Political Broadcasts (Australian Capital Territory) Regulations (Amendment)
Section 134 of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 95H of the Act provides that subject to the regulations the Australian Broadcasting Tribunal grant each prescribed political party a period of free political broadcast time in relation to an election.
Minute No. 82 of 1991 recommended the making of Regulations (the principal Regulations) under Part 2 of the Political Broadcasts and Political Disclosures Act 1991. Those Regulations prescribed the way in which free political broadcasting time was to be allocated to political parties and candidates during the next election period for Australian Capital Territory Legislative Assembly. The Regulations were expressed to take effect upon 1 January 1992, the date upon which Part 2 was to take effect by virtue of the Proclamation. The Regulations and the Proclamation were made on 19 December 1991, the last sitting day of the Parliament for 1991. The Regulations once made, were gazetted and tabled in the Senate on the same day.
Due to an administrative oversight the proclamation of Part 2 was not gazetted until the 2nd of January 1992, that is, a, day after the day which the proclamation purported to fix for the commencement of Part 2. Accordingly Part 2 could not commence upon the lst of January 1992 as the proclamation had not been gazetted by that date. This had the effect of preventing the Regulations made under Part 2 from, commencing on the lst of January.
Advice has also been received that the principal Regulations may remain in place having commenced on 3 January, notwithstanding the expressed commencement provisions in the Regulations, by virtue of the gazettal of the valid proclamation on that date. Should this however not be the case the principal Regulations may be brought into effect by the making and gazetting of new amending Regulations which omit the existing commencement provision. In this case the Regulations would commence from gazettal of the amending Regulations. These Regulations include such a provision.
Regulation 1 is formal providing for the amendment of the existing Regulations.
Regulation 2 omits the commencement provision in the Regulation. This will have the effect of ensuring that the Regulations being amended come into effect, at the latest, upon gazettal of these Regulations.
Regulations 3-5 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.
Subregulation 6.1 is formal and substitutes the accurate section number which is set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.
Sub-regulation 6.2 inserts the word "free" in the phase "the total time" before the word "time", to more accurately reflect the meaning of the Regulation.
Regulations 7-10 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.
Subregulation 11.1 is formal and substitutes the accurate section number which is set out in the final copy of the Political Broadcasts and Political Disclosures Act.
Subregulations 11.2 and 11.3 are formal and substitute the appropriate type space to clarify the meaning of the Regulation.
Sub regulation 11.4 if formal and substitutes the accurate section number which is set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.
Regulations 12-14 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.
Overview
The Political Broadcasts (Australian Capital Territory) Regulations (Amendment) 1992 No. 4 were enacted to correct an administrative oversight regarding the commencement of the Political Broadcasts and Political Disclosures Act 1991. The original proclamation for Part 2 of the Act was not gazetted until one day after its intended commencement date, which would have prevented the regulations from coming into effect as scheduled. These amending regulations were issued under the authority of the Minister for Transport and Communications and aim to rectify the timing issue by omitting the existing commencement provision and substituting it with a new one that ensures the regulations will come into effect upon their gazettal. The policy objective is to ensure that the regulations governing political broadcasts in the Australian Capital Territory are correctly implemented and effective from the intended date.
Scope and Application
The Political Broadcasts (Australian Capital Territory) Regulations (Amendment) 1992 No. 4 pertains to the regulation of political broadcasts in the Australian Capital Territory (ACT) under the Broadcasting Act 1942. These Regulations are designed to amend the existing Political Broadcasts (Australian Capital Territory) Regulations 1991 to ensure they align with the correct sections of the Political Broadcasts and Political Disclosures Act 1991, particularly in light of an administrative oversight which led to an incorrect commencement date for the principal Regulations. The Regulations apply to all political parties and candidates participating in elections for the ACT Legislative Assembly, thereby affecting their ability to utilise free political broadcast time. The geographic scope of the Act is limited to the Australian Capital Territory, and it does not extend beyond this jurisdiction. There are no specific exclusions or exemptions stated within the text of these Regulations, which implies that they apply broadly to all relevant entities within the specified geographic scope. The Regulations also clarify and correct the commencement provisions of the principal Regulations, ensuring they come into effect as intended, by addressing the oversight that initially delayed their effective date.
Key Provisions
The main operative sections of the Political Broadcasts (Australian Capital Territory) Regulations (Amendment) 1992 No. 4 provide for the amendment of the existing Political Broadcasts (Australian Capital Territory) Regulations. Regulation 1 is formal, providing for the amendment of the existing Regulations. Regulation 2 omits the commencement provision in the Regulation to ensure that the Regulations being amended come into effect upon gazettal of these Regulations. Regulations 3-14 are formal and substitute the accurate section numbers and appropriate type space as set out in the final printed copy of the Political Broadcasts and Political Disclosures Act 1991. Subregulation 6.2 inserts the word "free" in the phrase "the total time" to more accurately reflect the meaning of the Regulation.
These Regulations impose obligations on political parties and candidates participating in elections for the Australian Capital Territory Legislative Assembly. They outline the manner in which free political broadcasting time is to be allocated and ensure the provisions of the Political Broadcasts and Political Disclosures Act 1991 are accurately reflected. Political parties and candidates must comply with these Regulations when seeking to broadcast political content during election periods. Failure to comply with these Regulations could result in penalties or other consequences as stipulated in the underlying legislation.
The underlying Act, the Political Broadcasts and Political Disclosures Act 1991, does not explicitly state specific offences, penalties, or civil/criminal consequences for breach of the Regulations within the explanatory statement. However, non-compliance with regulations made under the Broadcasting Act 1942 can potentially lead to penalties as stipulated in that Act. Generally, breaches of regulations may result in administrative action, fines, or other penalties as determined by the relevant authorities. The exact penalties would depend on the specific nature of the breach and any applicable provisions within the broader legislative framework.