Document ID: chunk:federal_register_of_legislation:C2004A04507:schedule:2:p4
Version: federal_register_of_legislation:C2004A04507
Segment Type: schedule
Provision Reference: sch 2 (pt 4/26)
Character Range: 29086–31969

that constitutes capacity reserved under paragraph 31(1)(a) of the Broadcasting Services Act 1992; and

    (b)     the broadcasting service in question is a broadcasting service of a kind for which the capacity has been so reserved.".

Broadcasting service transmitter licence

32. Section 24B of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) If a broadcasting services bands licence ('the related licence') is allocated to a person under Part 4 or 6 of the Broadcasting Services Act 1992, the Minister must grant to that person a transmitter licence, in writing, to operate and to possess a specified radiocommunications transmitter or transmitters for the purpose of transmitting a broadcasting service in accordance with the related licence.".

PART 9—AMENDMENTS OF THE SPECIAL BROADCASTING SERVICE ACT 1991

Principal Act

33. In this Part, "Principal Act" means the Special Broadcasting Service Act 19918.

Advertising and sponsorship

34.     Section 45 of the Principal Act is amended by inserting in subsection (1) "and section 70C" after "subsection (2)".

35.     After section 70B of the Principal Act the following section is inserted:

Broadcasting of election advertisements

  "70C.(1) If:

  (a)     an election to a Parliament is to be held; and

    (b)     a radio or television service provided by the SBS would normally be received in the area of Australia to which the election relates;

the SBS must not broadcast an election advertisement in relation to the election during the relevant period as part of that service.

  "(2) In this section:

'election' means an election to a Parliament;

'election advertisement', in relation to an election, means:

  (a) an advertisement:

         (i) that contains election matter that relates to that election; and

         (ii) in respect of the broadcasting of which the SBS has received or is to receive, directly or indirectly, any money or other consideration; or

    (b)     an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a person or persons and indicating that the person is a candidate, or one or more of the persons is or are candidates, at the election; or

    (c)     an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a particular political party where a candidate at the election belongs to that party;

'election matter', in relation to an election, means matter of any of the following kinds:

    (a)     matter commenting on, or soliciting votes for, a candidate at the election;

    (b)     matter commenting on, or advocating support of, a political party to which a candidate at the election belongs;

    (c)     matter commenting on, stating or indicating any of the matters