Australian Broadcasting Corporation Act 1983

If the Corporation broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the Corporation must cause a record of the matter to be made:

in the case of a radio broadcast—by using a device for recording sound; or

in the case of a television broadcast—by using a device for recording images and associated sound.

Subject to this section, the Corporation must retain in its custody a record so made for a period of:

6 weeks from the date on which the matter was broadcast; or

if a complaint has been made about the matter—for 70 days from the date on which the complaint was made.

If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subsection (2), the person may give to the Corporation a notice in writing informing the Corporation that the record may be required for the purposes of the proceedings.

If such a notice is given to the Corporation in respect of a record, the Corporation must, subject to this section, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.

If the proceedings are not instituted within a period of 3 months after the notice is given to the Corporation, subsection (4) ceases to apply to the record at the end of that period.

The obligation imposed by this section on the Corporation to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.

Subsection (1) does not apply to or in relation to proceedings of the Senate or of the House of Representatives broadcast or re‑broadcast by the Corporation pursuant to the Parliamentary Proceedings Broadcasting Act 1946.