Political Broadcasts (Tasmania) Regulations

Overview

The Political Broadcasts (Tasmania) Regulations 1992 were enacted to give effect to the Political Broadcasts and Political Disclosures Act 1991, which amended the Broadcasting Act 1942 to prohibit political advertising in the electronic media during elections and referendums, except for the free time prescribed and allocated by the regulations. These regulations were made under the authority of the Minister for Transport and Communications, in accordance with section 134 of the Broadcasting Act 1942, which allows the Governor-General to make regulations for the purposes of the Act. The policy objective of these regulations is to ensure fairness and equitable access to electronic media for political parties and independent candidates during elections by providing a specified amount of free broadcasting time, while also preventing the potential for undue influence through paid political advertising.

Scope and Application

The Political Broadcasts (Tasmania) Regulations 1992, made under the Broadcasting Act 1942 as amended by the Political Broadcasts and Political Disclosures Act 1991, establish the framework for the allocation of free broadcast time for political parties and candidates in Tasmania during elections and referendums, except for political advertising. These Regulations apply to political parties and independent candidates participating in federal, state, territory, and local government elections within the jurisdiction of Tasmania. The Regulations are designed to ensure equitable access to broadcast media for political entities during election periods. Regulation 4 defines the prescribed period for the allocation of free time, which commences when the writs for the election are issued and ends at midnight on the Wednesday immediately before the election. Regulation 5 stipulates that a party must field a minimum of twelve candidates to be eligible for free broadcast time. Regulation 6 and 9 detail the methods for allocating free time to represented parties and independent candidates respectively, while Regulation 7 outlines the total amount of free time available. Regulation 8 specifies who can apply to the Broadcasting Tribunal for free time, and Regulation 10 mandates that the Tribunal must notify applicants of its decisions. Regulation 11 describes the process for creating and allocating units of free time, and Regulation 12 explains how broadcasters can utilise these units. Regulation 13 exempts broadcasters from making units of free time available under certain conditions, and Regulation 14 adjusts a broadcaster’s allocation if they are restricted by the Tribunal in terms of advertising time. These Regulations are pivotal in ensuring compliance with the legislative intent to prevent the commercialisation of political broadcast time during elections and referendums.

Key Provisions

The Political Broadcasts (Tasmania) Regulations 1992 outline the implementation of the Political Broadcasts and Political Disclosures Act 1991, which amends the Broadcasting Act 1942 (the Act) to prohibit political advertising in electronic media during elections and referendums, with the exception of free time allocations as prescribed by these Regulations (sections 1–4). Regulation 2 ensures the Regulations commence on the date Part 2 of the Political Broadcasts and Political Disclosures Act 1991 begins. Regulation 3 interprets key terms used within the Regulations. Regulation 4 specifies the prescribed period for the next election, starting from the issuance of writs to midnight on the Wednesday before the election. These Regulations impose several obligations on the parties and entities they govern. For instance, Regulation 5 stipulates that a party must field a minimum of 12 candidates to qualify for free time allocations. Regulation 6 sets out the criteria for allocating free time to represented parties, while Regulation 7 determines the total amount of free time available for the next election. Regulation 8 specifies that only eligible parties can apply to the Broadcasting Tribunal for free time allocations. Regulation 9 outlines the method for determining the total amount of free time available to parties not covered by Regulation 6 or for independent candidates. Regulation 10 mandates that the Tribunal must notify applicants of its decision. Regulation 11 details how the Tribunal will create and allocate units of free time, while Regulation 12 explains how broadcasters can utilise these units. Regulation 13 identifies circumstances where broadcasters are not required to make a unit of free time available. Regulation 14 ensures that if a broadcaster is restricted by the Tribunal, their allocation of free time will be adjusted accordingly. Non-compliance with the provisions of these Regulations can result in legal consequences. While the specific offences, penalties, or consequences for breach are not detailed within the provided text, it is common under Australian law for breaches of regulations to incur fines or other penalties. The severity of these penalties can vary, often depending on the nature and extent of the breach. For the purposes of these Regulations, it is likely that breaches would be handled by the Broadcasting Tribunal, which has the authority to impose sanctions on non-compliant broadcasters.