Document ID: chunk:federal_register_of_legislation:C2004A04278:body:0:p8
Version: federal_register_of_legislation:C2004A04278
Segment Type: other
Provision Reference: 
Character Range: 19209–22009

advertisement:

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

    (b) on his or her own behalf.

"(6) 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 relevant electoral district, or any part of it overlaps with the service area.

"(7) In this section:

'political advertisement' means an advertisement containing political matter;

'political matter' means:

    (a) matter intended or likely to affect voting in the election concerned; or

    (b) matter containing prescribed material;

but does not include exempt matter;

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

    (a) the election concerned;

    (b) a candidate or group of candidates in that election;

    (c) an issue submitted or otherwise before electors in that election;

    (d) the government, the opposition, or a previous government or opposition, of the Territory in which that election is held;

    (e) a member of the legislature of that Territory;

    (f) a political party, or a branch or division of a political party.

Political advertisements not to be broadcast during State elections

"95d. (1) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement 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, broadcast a political advertisement for or on behalf of the government, or a government authority, of a Territory.

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