Political Broadcasts (Tasmania) Regulations 1991 No. 482
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 482
Issued by the Authority of the Minister for Transport and Communications Broadcasting Act 1942
Political Broadcasts (Tasmania) 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 1.34 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 regulation 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 from when the writs are issued to midnight on the Wednesday immediately before the election. Regulation 5 defines the prescribed minimum number of candidates that 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 who can 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 when a broadcaster is not required to make a unit of free time available. Regulation 14 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 (Tasmania) Regulations 1991, enacted under the Broadcasting Act 1942, were introduced to address the issue of political advertising during elections and referendums in Tasmania, with the aim of maintaining fairness and equality in the electoral process. These regulations were made by the Governor-General, in accordance with section 1.34 of the Broadcasting Act, to provide a structured approach for the allocation of free airtime to political parties and candidates. The primary policy objective behind these regulations is to ensure that political advertising is conducted in a manner that is equitable and impartial, thereby upholding the integrity of the electoral process.
The regulations establish a framework for the allocation of free time for political broadcasts, defining the prescribed periods for elections, the minimum number of candidates required for a party to qualify for free time, and the methods for determining and allocating the total amount of available free time. They also outline the application process for parties and independent candidates to access free time, the procedures for broadcasters to utilise this free time, and the mechanisms for the Broadcasting Tribunal to manage and enforce the allocation of free time. This comprehensive approach ensures that political broadcasts during elections and referendums are conducted within a regulated and transparent environment, promoting fairness and equality in the electoral process.
Scope and Application
The Political Broadcasts (Tasmania) Regulations 1991, issued under the Broadcasting Act 1942, govern the allocation of free airtime for political advertising during federal, state, territory, and local elections and referendums in Tasmania, except for the free time specifically prescribed and allocated by the Regulations. These regulations apply to all parties and independent candidates participating in the elections, provided they meet the minimum threshold of 12 candidates as stipulated in the Act. The regulations establish the timeframe for free political broadcasting, which runs from the issuance of election writs until midnight on the Wednesday immediately before the election. The Governor-General, pursuant to Section 1.34 of the Act, has the authority to make these regulations, which include provisions for the Broadcasting Tribunal to determine and allocate units of free time to eligible parties and candidates, and specify the conditions under which broadcasters must provide this airtime. These regulations commence on 1 January 1992, and they also detail the process for applying for free time, the method for calculating the total amount of available free time, and the procedures for notifying applicants of the Tribunal's decisions.
Key Provisions
The Political Broadcasts (Tasmania) Regulations 1991, made under the Broadcasting Act 1942, establish the framework for the allocation and use of free broadcasting time for political parties and candidates during elections in Tasmania. Regulation 4 specifies that the prescribed period for the next election starts from the issuance of the writs and ends at midnight on the Wednesday before the election (Reg. 4). The regulations mandate that a party must field a minimum of 12 candidates to be eligible for free time (Reg. 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 election (Reg. 6, Reg. 7). Regulation 8 identifies who can apply to the Broadcasting Tribunal for free time (Reg. 8). Regulation 9 details the method for determining the total amount of free time for parties not covered by Regulation 6 or for independent candidates (Reg. 9). The Tribunal is required to notify applicants of its decision (Reg. 10). Regulation 11 sets forth the process for creating and allocating units of free time (Reg. 11). Regulation 12 specifies how broadcasters can utilise the units of free time (Reg. 12). Regulation 13 indicates circumstances where broadcasters are not required to make units of free time available (Reg. 13). Finally, Regulation 14 ensures that if a broadcaster's advertising time is restricted by the Tribunal, their allocation of free time will be adjusted accordingly (Reg. 14).
These regulations impose obligations on political parties and candidates to ensure compliance with the prescribed minimum candidate requirements, application procedures, and allocation of free broadcasting time. Parties must meet the minimum candidate threshold to qualify for free time, and those eligible must follow the application process outlined in the Regulations. Broadcasters are required to adhere to the allocation and usage of free time as determined by the Tribunal. The regulations also place the responsibility on the Tribunal to fairly allocate free time and communicate decisions to applicants.
Breaches of these regulations can result in various consequences. While the explanatory statement does not explicitly detail offences or penalties, the underlying legislation, the Broadcasting Act 1942, and associated regulations may impose penalties for non-compliance. These penalties could include fines, legal action, or other sanctions as prescribed by the Act and relevant regulations. The exact penalties would depend on the specific nature of the breach and any additional provisions under the broader legislative framework.