Political Broadcasts (New South Wales) (Amendment) 1992 No. 6
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 6
Issued by the Authority of the Minister for Transport and Communications
BROADCASTING ACT 1942
Political Broadcasts (New South Wales) (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. 84 of 1991 recommended the making of Regulations (the principal Regulations) under Part 2 of the Political Broadcasting 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 in the next election for the Parliament of New South Wales. The Regulations were made on 23 December 1991. As the Regulations did not contain a commencement provision they were to take effect upon the date of gazettal per section 48 of the Acts Interpretation Act 1901. Gazettal occurred upon 3 January 1992. On 3 January 1992 the Principal Regulations were purportedly rescinded and remade to correct section numbering from the Act which had been recast from its Bill form by the Clerk of the House of Representatives.
Advice has subsequently been received that the making of Regulations rescinding the principal Regulations and making new Regulations in substantially the same form was contrary to sections 48A of the Acts Interpretation Act 1901 and therefore void.
This results in the principal Regulations continuing to have effect from 3 January. The Regulations to which this minute relates, make the corrections to the section numbers purportedly made by the invalid second set of Regulations.
The principal Regulations include at Regulations 6 a formula for the calculation of the total free broadcasting time to be allocated in accordance with the requirements of subsection 95H(4) of the Broadcasting Act 1942. The effect of the formula in Regulation 6 was to prescribe 40 x 2 minute broadcasts. This calculation mirrored the Tasmanian Regulations. In both cases advice subsequently received as to the provisions of the relevant electoral acts casts doubt on the utility of the existing regulation.
Sub-section 95Q(3) of the Broadcasting Act, provides that freetime broadcasts can not be broadcast prior to the close of nominations for the relevant election. The New South Wales electoral legislation does not specify a minimum number of days between the close of nominations and the conduct of the subsequent poll. Therefore the prescription of a total number of broadcasts in Regulation 6 could potentially be incompatible with the further requirements of the regulations in respect of the manner in which such broadcasts are to occur in Regulation 12.
These regulations substitute the prescribed total with a daily total per days upon which broadcasts can occur in accordance with the Act and the Regulations.
Regulation 1 is formal, providing for the amendment of the existing Regulations.
Regulation 2 inserts new definitions in the Regulations. Campaign period, which is relevant to Regulation 6 and Regulation 12 is defined to commence from the beginning of the day following the close of nominations for the election. or on the third Saturday preceding the election day, whichever is the later thereby ensuring that in the case where during an election period for the New South Wales Parliament the date prescribed for the close of nomination is more than three weeks before the polling day, the period in which freetime broadcasts conducted shall be no more than approximately three weeks before the polling day.
Regulation 2 also specifies that available broadcast days shall not include Sundays. Subregulation 2(2) inserts definitions of 'available broadcasting day' and 'election day'.
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.
Regulation 6 substitutes a new Regulation 6 which prescribes the formula for the calculation of the total freetime available.
Regulations 7-10 are formal and substitute the accurate section numbers which are set out in the final copy of the Political Broadcasts and Political Disclosures Act.
Regulation 11, subregulation (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.
Regulation 11, subregulations (2) (3) and (4) are formal and substitute the appropriate type space to clarify the meaning of the Regulation.
Regulation 11, subregulation (5) omits subregulation 12.3 which is no longer required as it applies to cases where more than two broadcasts were required on one day. This is no longer possible because new Regulation 6 restricts the number of broadcasts to two per day.
Regulations 12-13 are formal and substitute the accurate section numbers which are set out in the final copy of the Political Broadcasts and Political Disclosures Act.
Overview
The Political Broadcasts (New South Wales) (Amendment) 1992 No. 6 Statutory Rules were enacted to address inaccuracies and legal voidness in the previous regulations concerning the allocation of free political broadcast time in New South Wales. The Broadcasting Act 1942 grants the Governor-General the authority to create regulations for the Act's purposes, and section 95H of the Act stipulates that the Australian Broadcasting Tribunal should grant prescribed political parties a period of free political broadcast time during an election. These regulations were introduced to correct the errors in the earlier set of regulations which were found to be void due to non-compliance with section 48A of the Acts Interpretation Act 1901. The policy objective was to ensure the proper allocation of free broadcast time to political parties and candidates, maintaining the integrity of the electoral process.
These regulations were issued by the Authority of the Minister for Transport and Communications and aim to rectify the section numbering errors and provide a more suitable formula for calculating the total free broadcasting time. Regulation 6 now prescribes a daily total for broadcasts rather than a fixed number, aligning with the requirements of subsection 95Q(3) of the Broadcasting Act 1942 and ensuring compatibility with New South Wales electoral legislation. The regulations also redefine the campaign period and specify that available broadcast days exclude Sundays, ensuring the broadcasts are conducted within the permissible timeframe.
Scope and Application
The Political Broadcasts (New South Wales) (Amendment) 1992 No. 6 amends the Political Broadcasts (New South Wales) (Amendment) Regulations 1992, which were originally made under section 134 of the Broadcasting Act 1942. These regulations pertain to the allocation of free political broadcast time for prescribed political parties and candidates in the context of elections for the Parliament of New South Wales. The amendments address the invalidation of the original regulations due to procedural errors in their rescission and reenactment, ensuring that the corrected regulations now have proper legal standing. The regulations specify the method for calculating the total free broadcasting time available for political parties, ensuring compliance with the requirements set out in subsection 95H(4) of the Broadcasting Act 1942. The regulations also stipulate that the campaign period for freetime broadcasts begins on the day following the close of nominations for the election or on the third Saturday before the election day, whichever is later, and excludes Sundays. The scope of these regulations is confined to the state of New South Wales, and they do not apply beyond this jurisdiction. The application of these regulations is further governed by the Broadcasting Act 1942, which provides the framework for the allocation of free political broadcast time.
Key Provisions
The Political Broadcasts (New South Wales) (Amendment) 1992 No. 6 makes several key amendments to the existing regulations concerning the allocation of free political broadcast time for New South Wales elections under the Broadcasting Act 1942. Regulation 6, which sets out the formula for calculating the total free broadcasting time, is replaced to address concerns about the original formula's compatibility with New South Wales electoral legislation. The new formula prescribes a daily total for broadcasts rather than a fixed number of broadcasts, which ensures compliance with the requirement that broadcasts cannot occur before the close of nominations. Regulation 2 introduces new definitions, including "campaign period," which is defined to start on the day after the close of nominations or the third Saturday before the election, whichever is later. This definition ensures that the period for freetime broadcasts is no more than three weeks before polling day, aligning with electoral timelines. Additionally, Regulation 2 specifies that available broadcast days do not include Sundays.
These regulations impose specific obligations on political parties and candidates in New South Wales elections. They must adhere to the new formula for calculating the total free broadcast time, ensuring that broadcasts are scheduled within the defined campaign period and on designated broadcast days. Political parties and candidates must also ensure that their broadcasts comply with the restrictions on the number of broadcasts per day, as stipulated in Regulation 6. Furthermore, they must plan their broadcast schedules around the available broadcast days, avoiding Sundays and ensuring that broadcasts align with the electoral timeline as defined in Regulation 2.
Breach of these regulations could result in various civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. Generally, non-compliance with broadcasting regulations can lead to fines or other penalties under the Broadcasting Act 1942. The exact penalties would depend on the nature and severity of the breach, and any subsequent legal action taken under the Act. The regulations aim to ensure that political broadcasts are conducted fairly and within the legal framework established by the Broadcasting Act and the Political Broadcasting and Political Disclosures Act 1991.