Document ID: chunk:federal_register_of_legislation:C2004A04278:body:0:p6
Version: federal_register_of_legislation:C2004A04278
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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 she is permitted to broadcast under section 119ab.

"(3) Nothing in this Part prevents a broadcaster from broadcasting an advertisement for, or on behalf of, a charitable organisation if:

    (a) the advertisement is aimed at promoting the objects of the organisation; and

    (b) the advertisement does not explicitly advocate voting for or against a candidate in an election or a political party.

"(4) Nothing in this Part prevents a broadcaster from broadcasting public health matter, whether by way of advertisement or otherwise.

"(5) In this section:

'charitable organisation' means a public organisation whose objects are to benefit the public through the relief of poverty, or the advancement of education, religion, public health or science;

'public health matter' means any matter relating to public health, other than matter that:

    (a) directly or indirectly promotes or criticises a particular public health system; or

    (b) explicitly advocates voting for or against a candidate in an election or a political party.

Certain matter not to be broadcast during Commonwealth elections etc.

"95b. (1) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Commonwealth.

"(2) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a Territory.

"(3) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a State.

"(4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement:

    (a) for or on behalf of a person other than a government or government authority; or

    (b) on his or her own behalf.

"(5) Where the election concerned is a by-election, this section is taken to apply only to broadcasting:

    (a) in the case of a broadcast made as part of a broadcasting service without a service area—to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and

    (b) in the case of a broadcast made as part of a broadcasting service with a service area—to the area in which the