Broadcasting Services Act 1992

In this clause, broadcaster means:

a commercial television broadcasting licensee; or

a commercial radio broadcasting licensee; or

a community broadcasting licensee; or

a subscription television broadcasting licensee; or

a person providing broadcasting services under a class licence.

If a broadcaster broadcasts political matter at the request of another person, the broadcaster must ensure that the required particulars in relation to the matter are announced in accordance with any requirements determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subclause.

A broadcaster is taken to have ensured that required particulars are announced in certain circumstances (see subclause (5)).

A broadcaster must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires.

For the purposes of this clause, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.

A broadcaster that broadcasts political matter is taken to have ensured that required particulars are announced if:

particulars were announced in relation to the matter for the purposes of this Act; and

those particulars purported to be particulars referred to in item 3 or 4 of the table in subclause 1(2); and

as a result of steps taken by the broadcaster, it was reasonable for the broadcaster to rely on the particulars that were provided for the purposes of this Act.

An example of steps that may be taken by the broadcaster include:

notifying a person wanting to broadcast political matter that the name of the person required to be announced as having authorised the broadcast depends on whether the person is a disclosure entity; and

seeking a verification from that person that the person is or is not a disclosure entity.