Electoral Act 1992

This section applies to a broadcaster—

who broadcasts an advertisement relating to an election—

with the authority of a participant in the election; and

during the capped expenditure period for the election; and

even if the broadcaster is outside Queensland when the advertisement is broadcast.

The broadcaster must, within 8 weeks after the polling day for the election, give the commission a return, in an approved form, stating particulars of the advertisement, being particulars—

identifying the broadcasting service as part of which the advertisement was broadcast; and

identifying the person at whose request the advertisement was broadcast; and

identifying the participant in the election with whose authority the advertisement was broadcast; and

stating the date on which, and the times between which, the advertisement was broadcast; and

showing whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, stating the amount of the charge.

If, in a return under subsection (2), the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast.

A broadcaster who is required to make a return under this section for an advertisement must keep the record made for the relevant provision until the end of the period of 1 month starting on the day on which the return is given to the commission.

The requirement of subsection (4) is in addition to the requirements of the relevant provision for the retention of the record.

In this section—relevant provision means—

in relation to the Australian Broadcasting Corporation, the Australian Broadcasting Corporation Act 1983 (Cwlth), section 79B; or

in relation to the Special Broadcasting Service, the Special Broadcasting Service Act 1991 (Cwlth), section 70B; or

otherwise, the Broadcasting Services Act 1992 (Cwlth), section 5.