Commonwealth Numbered Regulations

1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 8

8. (1) For the purposes of section 95DH of the Act, the order in which:

   (a)  political parties to which regulation 5 does not apply; and

   (b)  independent candidates; will be granted free time is as follows:
First   A represented party that is contesting the election with fewer than 12
candidates, or an independent candidate who was a Member of the Parliament
immediately before the end of its last sittings held before the 1992 election.
If this circumstance applies to more than 1 party or candidate, the first
party or candidate to be granted free time is the one that received the
greater or greatest percentage of formal first preference votes in the 1991
election, followed by the other parties and candidates in descending order of
percentage of formal first preference votes. If more than 1 party or candidate
has the same percentage of formal first preference votes, the order in which
they will be granted free time will be determined by a ballot conducted by the
Tribunal.
Second   A new party that:


   (a)  contested the 1991 election; and

   (b)  received at least 4% of the formal first preference votes cast at that
        election. If this circumstance applies to more than 1 party, the first
        party to be granted free time is the one that received the greater or
        greatest percentage of formal first preference votes in the 1991
        election, followed by the other parties in descending order of
        percentage of formal first preference votes. If more than 1 party has
        the same percentage of formal first preference votes, the order in
        which they will be granted free time will be determined by a ballot
        conducted by the Tribunal.
Third   An independent candidate who:


   (a)  was not a member of the Parliament immediately before the end of its
        last sittings held before the next election; and

   (b)  contested the 1991 election; and

   (c)  received at least 4% of the formal first preference votes cast at that
        election. If this circumstance applies to more than 1 candidate, the
        first candidate to be granted free time will be determined by a ballot
        conducted by the Tribunal.
Fourth   A new party that:


   (a)  contested the 1991 election; and

   (b)  received less than 4% of the formal first preference votes cast at
        that election. If this circumstance applies to more than 1 party, the
        first party to be granted free time is the one that received the
        greater or greatest percentage of formal first preference votes in the
        1991 election, followed by the other parties in descending order of
        percentage of formal first preference votes. If more than 1 party has
        the same percentage of formal first preference votes, the order in
        which they will be granted free time will be determined by a ballot
        conducted by the Tribunal.
Fifth   A new party that did not contest the 1991 election. If this
circumstance applies to more than 1 party, the first party to be granted free
time is the one with more or the most number of candidates, followed by the
other parties in descending order of number of candidates. If more than 1
party has the same number of candidates, the order in which they will be
granted free time will be determined by a ballot conducted by the
Tribunal. Sixth   Other independent candidates. If this includes more than 1
candidate, the order in which they will be granted free time will be
determined by a ballot conducted by the Tribunal.

(2) 2 minutes of free time for each eligible broadcaster will be granted to
each political party or independent candidate:

   (a)  in the order set out in subregulation (1); and

   (b)  until the time available to be granted is less than 2 minutes for each
        eligible broadcaster.