Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 32

32. Section 117 of the Principal Act is repealed and the following section is
substituted: Identification etc. in relation to political matter

"117. (1) Where the Corporation or a licensee broadcasts political matter at
the request of another person, the Corporation or the licensee shall,
immediately afterwards:

   (a)  if the matter is broadcast by radio-cause the required particulars in
        relation to the matter to be announced; or

   (b)  if the matter is televised:

        (i)    cause the required particulars in relation to the matter (other
               than the particulars referred to in paragraph (c) of the
               definition of 'required particulars' in subsection (4)) to be
               announced; and

        (ii)   cause all the required particulars in relation to the matter to
               be transmitted in the form of images of words.

"(2) The Corporation or a licensee shall, in relation to political matter
broadcast at the request of another person, keep a record of:

   (a)  if the broadcasting of the political matter was authorised by a
        natural person-the name, address and occupation of the person; and

   (b)  in any other case-the name, and the address of the principal office,
        of the person who authorised the broadcasting of the political matter;
        for the required period and shall give the Tribunal any particulars of
        the record that the Tribunal, by written notice, requires.

"(3) For the purposes of this section, a person shall be deemed to authorise
the broadcasting of political matter if, and only if, the person is the person
responsible for approval of the content of the political matter and the
decision to present it for broadcasting.

"(4) In this section:
'election' means an election to a Parliament;
'election period' has the same meaning as in section 116;
'person' includes a political party, a corporation and any other association
(whether incorporated or unincorporated);
'political matter' means matter:

   (a)  that is intended or calculated to influence the voting intentions of
        electors in respect of, or otherwise to affect the result of, an
        election or referendum;

   (b)  that is likely, in all the circumstances, to influence the voting
        intentions of reasonable electors in respect of an election or
        referendum; or

   (c)  referring to a meeting held or to be held in connection with an
        election or referendum;
'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;
'required particulars', in relation to a political matter that is broadcast,
means:

   (a)  where the broadcasting of the political matter was authorised by a
        political party:

        (i)    the name of the political party;

        (ii)   the town, city or suburb in which the principal office of the
               political party is situated; and

        (iii)  the name of the natural person responsible for giving effect to
               the authorisation;

   (b)  where the broadcasting of the political matter was authorised by a
        person other than a political party:

        (i)    the name of the person who authorised the broadcasting of the
               political matter; and

        (ii)   the town, city or suburb in which the person lives or, if the
               person is a corporation or association, in which the principal
               office of the person is situated; and

   (c)  in every case-the name of every speaker who, either in person or by
        means of a sound recording device, delivers an address or makes a
        statement that forms part of that matter;
'required period', in relation to the keeping of a record in relation to
political matter, means:

   (a)  subject to paragraph (b), the period of 6 weeks commencing on the day
        on which the matter was broadcast; or

   (b)  if the matter relates to an election within the meaning of section 116
        and was broadcast during the election period in relation to the
        election-the period commencing on the day on which the matter was
        broadcast and ending:

        (i)    at the end of the period referred to in paragraph (a); or

        (ii)   if that period ends before the day on which the writ for the
               election is returned-the day on which the writ is returned;
or such longer period as the Tribunal, before the end of that period, directs
by notice in writing to the licensee concerned.".