Document ID: chunk:federal_register_of_legislation:C2004A04278:body:0:p5
Version: federal_register_of_legislation:C2004A04278
Segment Type: other
Provision Reference: 
Character Range: 11475–14277

the statement is accompanied by other incidental matter;

    'political reference' means material comprising an express or implicit reference to, or comment on, any of the following:

         (a) an election to the Parliament of the Commonwealth or of a State, or to the legislature of a Territory, or to a local government authority of a State or Territory, including any such election that might be held in the future;

         (b) the government or the opposition, or a previous government or opposition, of the Commonwealth or of a State or Territory;

         (c) a member of the Parliament of the Commonwealth or of a State, or of the legislature of a Territory;

         (d) a political party, or a branch or division of a political Party;

         (e) a candidate or group of candidates in an election referred to in paragraph (a);

         (f) an issue submitted or otherwise before, or likely to be submitted or otherwise before, electors in such an election;

    'referendum' means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced;

    'Senate election' has the same meaning as in the Commonwealth Electoral Act 1918;".

Functions and powers of Tribunal

6. Section 16 of the Principal Act is amended by inserting after paragraph (1) (c) the following paragraphs:

       "(ca) by order, to determine guidelines to be observed by a licensee within the meaning of Part IIId in respect of the hours during which, and the manner in which, policy launches of political parties are to be broadcast;

       (cb) by order, to determine guidelines, not inconsistent with the regulations, to be observed by a broadcaster in respect of the days and times when, and the manner in which, election broadcasts within the meaning of Division 3 of Part IIId are to be made;".

7. After Part IIIc of the Principal Act the following Part is inserted:

"PART IIId—POLITICAL BROADCASTS

"Division 1—Introductory

Application and operation

"95. (1) This Part applies to a licensee whether the licence or permit held by the licensee was granted before or after the commencement of this Part.

"(2) It is the intention of the Parliament that the several provisions of this Part should operate to the extent to which they are capable of validly operating.

"Division 2—Political advertisements, etc.

Certain broadcasts not prevented

"95a. (1) Nothing in this Part prevents a broadcaster from broadcasting:

    (a) an item of news or current affairs, or a comment on any such item; or

    (b) a talkback radio program.

"(2) Nothing in this Part prevents the holder of a public radio licence who provides a service for visually handicapped persons from broadcasting any material that he or