Broadcasting Services Act 1992

In this Schedule:

section 321B of the Commonwealth Electoral Act 1918; or

paragraph (e) of the definition of disclosure entity in section 110A of the Referendum (Machinery Provisions) Act 1984.

an advertisement:

that contains election matter that relates to that election; and

in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration; or

an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a 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

an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a particular political party where a candidate at the election belongs to that party.

matter commenting on, or soliciting votes for, a candidate at the election;

matter commenting on, or advocating support of, a political party to which a candidate at the election belongs;

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;

matter referring to a meeting held or to be held in connection with the election.

in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly for the Australian Capital Territory—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

in relation to any other election to a Parliament—the period that starts on:

the day on which the proposed polling day for the election is publicly announced; or

the day on which the writs for the election are issued;

in relation to an election to a local government authority—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and

in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth—the election period in relation to that election; and

in relation to any other referendum—the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.

that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984) that relates to that referendum; and

in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration.

in relation to an election—means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day; and

in relation to a referendum—means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.

if the entity has a principal office—the town or city in which the office is located; or

if the entity does not have a principal office, but does have premises—the town or city in which the premises are located; or

otherwise—the town or city in which the natural person who was responsible for giving effect to the authorisation lives.

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

if the matter relates to an election or referendum and was broadcast during the election period in relation to the election or referendum—the period commencing on the day on which the matter was broadcast and ending:

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

if that period ends before the end of the election period in relation to the election or referendum—the day on which that election period ends;

The required particulars are:

the particulars set out in the following table; and

any other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this paragraph.

For the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity are:

if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:

if the registered name includes both a word or phrase and its abbreviation—the abbreviation;

if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;

if the registered name includes “of Australia”—those words;

if the registered name ends with “Australia”—that word;

if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or

if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or

if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or

in any other case—the name of the entity.

For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.

If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:

a registered political party that has a registered branch or division; or

a registered branch or division of a registered political party;

the particulars referred to in paragraph (3)(a); or

the registered abbreviation.