Political Broadcasts (Australian Capital Territory) Regulations

Overview

The Political Broadcasts (Australian Capital Territory) Regulations 1992 were enacted to provide a framework for the allocation of free time for political broadcasts in the electronic media for elections and referendums within the Australian Capital Territory, as amended by the Political Broadcasts and Political Disclosures Act 1991. This legislative instrument was developed to address the gap in regulating the allocation of free broadcast time for political purposes, ensuring that political advertising is fairly distributed among parties and candidates. The regulations were issued by the Minister for Transport and Communications under the authority of the Broadcasting Act 1942 and aim to provide a transparent and equitable method for allocating free broadcast time, ensuring compliance with the legislative intent of limiting political advertising while providing necessary exposure for political entities during election periods.

Scope and Application

The Political Broadcasts (Australian Capital Territory) Regulations 1992, established under the Broadcasting Act 1942, govern the allocation and use of free airtime for political broadcasts in the Australian Capital Territory during elections and referendums. The Regulations apply to the allocation of free airtime to political parties and independent candidates during the prescribed period before an election, which begins one week prior to the closing of nominations and ends on the Wednesday night before the election. These regulations specifically target represented parties that meet the minimum candidate threshold of twelve to qualify for free airtime. The allocation of free time is subject to the criteria set out in the regulations, including the method for determining the total amount of available free time and the application process to the Broadcasting Tribunal. Additionally, these regulations provide for the use of free time units by broadcasters and stipulate the minimum number of election broadcasts required, while also outlining circumstances under which broadcasters are exempt from making their free time available. The regulations extend their application by detailing the procedures for creating and allocating free time units, ensuring that broadcasters who are restricted in their advertising time by the Tribunal will have their allocations adjusted accordingly.

Key Provisions

The Political Broadcasts (Australian Capital Territory) Regulations 1992 (the Regulations) are a set of rules under the Broadcasting Act 1942, as amended by the Political Broadcasts and Political Disclosures Act 1991, that govern the allocation of free time for political broadcasts during elections and referendums in the Australian Capital Territory ((Reg 1–2)). The Regulations establish the period during which free time is available for political broadcasts, which is the week beginning one week before nominations close for an election, up until midnight on the Wednesday before the election ((Reg 4)). In order to be eligible for free time, a political party must have at least twelve candidates running in the election ((Reg 5)). The Regulations also outline the process for allocating free time to political parties and independent candidates ((Reg 6–10)). The Broadcasting Tribunal (the Tribunal) is responsible for allocating free time to eligible parties and candidates, and for notifying applicants of its decisions ((Reg 8–10)). The Regulations specify the total amount of free time available for the election and the method for creating and allocating units of free time ((Reg 7, 11)). Broadcasters are required to use a minimum number of election broadcasts and may not be required to make units of free time available under certain circumstances ((Reg 12–14)). If a broadcaster is restricted by the Tribunal in relation to the amount of time for advertising, their allocation will be increased to the required amount of free time ((Reg 15)). Breaches of the Regulations may result in civil or criminal penalties. The maximum penalty for contravening a provision of the Regulations is a fine of up to 50 penalty units, which is currently equivalent to approximately AUD 5,500 ((Reg 16)). In addition, broadcasters who fail to comply with the Regulations may be subject to sanctions, such as the suspension or revocation of their broadcasting licence ((Reg 17)). It is important for parties and broadcasters to comply with the Regulations to avoid these potential consequences.