Commonwealth Numbered Regulations - Explanatory Statements

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POLITICAL BROADCASTS (AUSTRALIAN CAPITAL TERRITORY) REGULATIONS (AMENDMENT)1992 NO. 4

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 4

Issued by the Authority of the Minister for Transport and Communications

BROADCASTING ACT 1942

Political Broadcasts (Australian Capital Territory) Regulations (Amendment)

Section 134 of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 95H of the Act provides that subject to the regulations the Australian Broadcasting Tribunal grant each prescribed political party a period of free political broadcast time in relation to an election.

Minute No. 82 of 1991 recommended the making of Regulations (the principal Regulations) under Part 2 of the Political Broadcasts and Political Disclosures Act 1991. Those Regulations prescribed the way in which free political broadcasting time was to be allocated to political parties and candidates during the next election period for Australian Capital Territory Legislative Assembly. The Regulations were expressed to take effect upon 1 January 1992, the date upon which Part 2 was to take effect by virtue of the Proclamation. The Regulations and the Proclamation were made on 19 December 1991, the last sitting day of the Parliament for 1991. The Regulations once made, were gazetted and tabled in the Senate on the same day.

Due to an administrative oversight the proclamation of Part 2 was not gazetted until the 2nd of January 1992, that is, a, day after the day which the proclamation purported to fix for the commencement of Part 2. Accordingly Part 2 could not commence upon the lst of January 1992 as the proclamation had not been gazetted by that date. This had the effect of preventing the Regulations made under Part 2 from, commencing on the lst of January.

Advice has also been received that the principal Regulations may remain in place having commenced on 3 January, notwithstanding the expressed commencement provisions in the Regulations, by virtue of the gazettal of the valid proclamation on that date. Should this however not be the case the principal Regulations may be brought into effect by the making and gazetting of new amending Regulations which omit the existing commencement provision. In this case the Regulations would commence from gazettal of the amending Regulations. These Regulations include such a provision.

Regulation 1 is formal providing for the amendment of the existing Regulations.

Regulation 2 omits the commencement provision in the Regulation. This will have the effect of ensuring that the Regulations being amended come into effect, at the latest, upon gazettal of these Regulations.

Regulations 3-5 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.

Subregulation 6.1 is formal and substitutes the accurate section number which is set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.

Sub-regulation 6.2 inserts the word "free" in the phase "the total time" before the word "time", to more accurately reflect the meaning of the Regulation.

Regulations 7-10 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.

Subregulation 11.1 is formal and substitutes the accurate section number which is set out in the final copy of the Political Broadcasts and Political Disclosures Act.

Subregulations 11.2 and 11.3 are formal and substitute the appropriate type space to clarify the meaning of the Regulation.

Sub regulation 11.4 if formal and substitutes the accurate section number which is set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.

Regulations 12-14 are formal and substitute the accurate section numbers which are set out in the final printed copy of the Political Broadcasts and Political Disclosures Act.


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