Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT (ELECTION BLACKOUT) ACT 1983 No. 37 of 1983 - SECT 3

Broadcasting or televising of political matter or controversial matter

3. Section 116 of the Principal Act is amended-

   (a)  by omitting sub-sections (4) and (4A) and substituting the following
        sub-sections:

''(4) Where-

   (a)  the writ for an election has been issued; and

   (b)  the Tribunal is of the opinion that programs broadcast from a
        particular broadcasting station or televised from a particular
        television station are ordinarily received in the whole or in a part
        of the area of Australia to which the election relates,

the Tribunal shall, by notice in writing served on the licensee that operates
the broadcasting station or television station, as the case may be, not later
than 14 days before the commencement of the period that is the relevant period
in relation to that election, require the licensee to refrain from
broadcasting or televising from that broadcasting station or television
station election advertisements in relation to that election during that
relevant period.

''(4A) A licensee upon which a notice has been served pursuant to sub-section
(4) in relation to an election shall not broadcast or televise an election
advertisement in relation to that election in contravention of the notice.'';
and

   (b)  by omitting sub-section (6) and substituting the following
        sub-section:

''(6) In this section-

'broadcasting station' includes a broadcasting translator station but does not
include a station operated under Part III or IIIA;

'election' means an election of members, or of a member, of-

   (a)  the Senate or the House of Representatives; or

   (b)  a House of the Parliament of a State;

'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 or televising of which the
               licensee that operates the relevant broadcasting or television
               station has received or is to receive, directly or indirectly,
               any money or other consideration;

   (b)  an announcement containing a statement to the effect that a program
        that is to be or has been broadcast or televised is or was sponsored
        by a particular 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 or televised is or was sponsored
        by a particular political party, where a candidate at the election
        belongs to that political 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 being
        submitted to the electors at the election or any part of the policy of
        a candidate at the election or of the political party to which a
        candidate at the election belongs; or

   (d)  matter referring to a meeting held or to be held in connection with
        the election;

'election period', in relation to an election, means the period that commences
on the day on which the writ for the election is issued and ends at the close
of the poll on the polling day for the election;

'licensee' means the holder of a licence within the meaning of Part IIIB;

'relevant period', in relation to an election, means the period that commences
at the expiration of the Wednesday next preceding the polling day for the
election and ends at the close of the poll on that polling day;

'television station' includes a television repeater station and a television
translator station but does not include a station operated under Part III or
IIIA.''.
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