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Political Broadcasts and Political Disclosures Act 1991

  • - C2004A04278
  • In force - Latest Version
Act No. 203 of 1991 as made
An Act to amend the Broadcasting Act 1942, the Commonwealth Electoral Act 1918, the Radiocommunications Act 1983, the Referendum (Machinery Provisions) Act 1984 and the Income Tax Assessment Act 1936, and for related purposes
Administered by: Finance
Date of Assent 19 Dec 1991
 

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART 1 - INTRODUCTORY

Section

1. Short title

2. Commencement

3. Report into operation of Act

PART 2 - AMENDMENTS OF THE BROADCASTING ACT 1942

4. Principal Act

5. Interpretation

6. Functions and powers of Tribunal

7. Insertion of new Part:

PART IIID - POLITICAL BROADCASTS

Division 1 - Introductory

95. Application and operation

Division 2 - Political advertisements, etc.

95A. Certain broadcasts not prevented

95B. Certain matter not to be broadcast during Commonwealth
elections etc.

95C. Certain matter not to be broadcast during Territory elections

95D. Political advertisements not to be broadcast during State
elections

95E. Some matter not to be broadcast during certain other periods

Division 3 - Free election broadcasting time

95F. Application of Division to radio broadcasts

95G. Election broadcasts

95H. Automatic grant of free time to certain parties

95J. Regulations for the purposes of section 95H

95K. Applications for grant of free time

95L. Grant of free time on applications in relation to Senate
elections

95M. Grant of free time on other applications

95N. Notification of grants

95P. Allocation to broadcasters

95Q. Broadcasting of election broadcasts

95R. Appeals

Division 4 - Policy launches

95S. Broadcasting policy launches

Division 5 - Miscellaneous

95T. Tribunal to consider certain applications, complaints
etc. immediately

95U. Powers of Federal Court of Australia

8. Broadcasting or televising of political matter or controversial matter

9. Identification etc. in relation to political matter

PART 3 - AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918

10. Principal Act

11. Reports by Commission

12. Insertion of new section:

17A. Certain particulars not to be included in reports

13. Interpretation

14. Disclosure of gifts

15. Expenditure incurred for political purposes

16. Certain gifts not to be received

17. Nil returns

18. Interpretation

19. Returns of electoral expenditure

20. Insertion of new section:

311A. Annual returns of income and expenditure of Commonwealth
Departments

21. Nil returns

22. Insertion of new Division:

Division 5A - Annual returns of income and expenditure

314AA. Annual returns of income and expenditure

23. Offences

24. Investigation etc.

25. Records to be kept

26. Insertion of new section:

318A. Application of subsections 305 (1) and 309 (4) in certain
cases

27. Inspection and supply of copies of claims and returns

28. Interference with political liberty etc.

29. Voiding election for illegal practices etc.

30. Insertion of new section:

386A. Particulars of candidates

31. Application to A.C.T. elections

PART 4 - AMENDMENTS OF THE RADIOCOMMUNICATIONS ACT 1983

32. Principal Act

33. Conditions to which transmitter licence is subject

PART 5 - AMENDMENT OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984

34. Principal Act

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35. Insertion of new section:

108A. Certain other matters not to invalidate referendum

PART 6 - AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936

36. Principal Act

37. Losses and outgoings

38. Contributions, pensions, etc.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - LONG TITLE

An Act to amend the Broadcasting Act 1942, the Commonwealth
Electoral Act 1918, the Radiocommunications Act 1983, the
Referendum (Machinery Provisions) Act 1984 and the Income Tax
Assessment Act 1936, and for related purposes

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 1
PART 1 - INTRODUCTORY

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 1
Short title

(Assented to 19 December 1991)
1. This Act may be cited as the Political Broadcasts and Political Disclosures Act 1991.

(Minister's second reading speech made in
House of Representatives on 9 May 1991
Senate on 4 June 1991)

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 2
Commencement

2. (1) Parts 1 and 3 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), Parts 2, 4 and 5 commence on a day to be fixed by Proclamation.
(3) If Parts 2, 4 and 5 do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 3
Report into operation of Act

3. (1) Subject to subsection (5):
(a) the Australian Electoral Commission must review such provisions of this Act as are prescribed for the purposes of this paragraph, and report to the Minister accordingly; and
(b) such other persons or bodies as are prescribed must review such provisions of this Act as are prescribed for the purposes of this paragraph, and report to the Minister accordingly.
(2) A report referred to in subsection (1) may include suggestions for amendments of this Act to solve problems identified in the report.
(3) A review referred to in subsection (1) must commence within 6 months after the last declaration of a poll at the second general election of members of the House of Representatives held after the commencement of this section.
(4) The Minister shall cause copies of a report referred to in subsection (1) to be laid before each House of the Parliament within 15 sitting days after its receipt by the Minister.
(5) Subsection (1) does not apply if, 3 months after the first sitting of the Parliament elected at the second general election of members of the House of Representatives after the commencement of this section, an inquiry into some or all of the provisions of this Act by a committee of the Parliament is in progress but has not concluded.
(6) The Governor-General may make regulations prescribing matters for the purposes of this section.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 2
PART 2 - AMENDMENTS OF THE BROADCASTING ACT 1942

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 4
Principal Act

4. In this Part, "Principal Act" means the Broadcasting Act 1942.*1* *1* No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33 (as amended by No. 65, 1956), 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; Nos. 50 and 216 (as amended by No. 20, 1974), 1973; No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977 (as amended by Nos. 52 and 210, 1978; No. 143, 1980 and No. 113, 1981); Nos. 36 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61 and 113 (as amended by Nos. 176, 1981 and No. 154, 1982), 1981; No. 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; No. 66, 1985 (as amended by No. 191, 1985; Nos. 68, 79 and 184, 1987; Nos. 56 and 146, 1988); Nos. 166 and 191, 1985; Nos. 2 and 76, 1986; Nos. 68 (as amended by No. 183, 1987 and No. 56, 1988), 79 (as amended by Nos. 68 and 183, 1987 and No. 56, 1988), 80, 134, 183 and 184 (as amended by Nos. 56 and 146, 1988), 1987; Nos. 56, 99, 109, 146 (as amended by No. 23, 1990) and 147, 1988; Nos. 29, 31 and 63, 1989; No. 23, 1990 and Nos. 7 and 11, 1991.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 5
Interpretation

5. Section 4 of the Principal Act is amended:
(a) by omitting the definition of "Parliament" from subsection (1) and
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substituting the following definition:
"Parliament" means:
(a) the Parliament of the Commonwealth; or
(b) a State Parliament; or
(c) a legislature of a Territory;";
(b) by inserting in subsection (1) the following definitions:
"broadcaster" means the Corporation, the Service or a licensee;
"election" includes a by-election;
"election period" means:
(a) in relation to an election to the Legislative Council of the State 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
(b) in relation to any other election to a Parliament - the period that starts on:
(i) the day on which the proposed polling day for the
election is publicly announced; or
(ii) the day on which the writs for the election are issued;
whichever happens first, and ends at the close of the poll on the polling day for the election; and
(c) 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
(d) 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 period that is the same as the election period in relation to that election; and
(e) 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;
"exempt matter" means any of the following:
(a) matter directly relating to warnings of impending natural disasters or military or civil disorders;
(b) matter relating to measures (including relief measures) taken to deal with such disasters or disorders and with their consequences;
(c) matter provided by the authorities responsible for the conduct of an election to a Parliament or a local government authority, or of a referendum, including material relating to the procedures and polling places for the election or referendum and the promotion of participation in the election or referendum;
(d) advertisements of goods and services offered for sale by or on behalf of:
(i) the government, or a government authority, of the
Commonwealth; or
(ii) the government, or a government authority, of a
Territory; or
(iii) the government, or a government authority, of a State;
being advertisements that do not contain a political reference;
(e) advertisements relating to vacant positions or calling for expressions of interest in appointment to public offices;
(f) advertisements calling for tenders;
(g) announcements of the kind mentioned in paragraph 31 (2) (a) of the Australian Broadcasting Corporation Act 1983, or announcements carried by the Service relating to any activity or proposed activity of the Service;
(h) announcements relating to any public inquiry or public hearing conducted under a law of the Commonwealth, or of a State or Territory;
(i) any notice or announcement required to be broadcast by or under any law of the Commonwealth or of a State or Territory, other than a prescribed notice or announcement;
"government authority" means:
(a) in relation to the Commonwealth:
(i) a Department of State of the Commonwealth; or
(ii) any other authority or body (whether incorporated or
not) that is established for a public purpose by the Commonwealth, regardless of the way in which the authority or body is so established; and
(b) in relation to a State or Territory:
(i) a Department of State of the State or Territory; or
(ii) a local government authority of the State or Territory;
or
(iii) any other authority or body (whether incorporated or
not) that is established for a public purpose by the State or Territory, regardless of the way in which the authority or body is so established;
"legislature of a Territory" means:
(a) the Legislative Assembly for the Australian Capital Territory; or
(b) the Legislative Assembly of the Northern Territory; or
(c) such other Territory legislative bodies (if any) as are prescribed;
"licensee", when used in Part IIID, includes:
(a) the holder of an MCS permit; and
(b) the holder of a temporary transmission permit;
"ordinary election", in relation to the Legislative Assembly for the
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Australian Capital Territory, has the same meaning as in the Australian Capital Territory (Electoral) Act 1988;
"policy launch", in relation to a political party, means a single spoken or written statement of all or any of the party's policies, whether or not the statement is accompanied by other incidental matter;
"political reference" means material comprising an express or implicit reference to, or comment on, any of the following:
(a) an election to the Parliament of the Commonwealth or of a State, or to the legislature of a Territory, or to a local government authority of a State or Territory, including any such election that might be held in the future;
(b) the government or the opposition, or a previous government or opposition, of the Commonwealth or of a State or Territory;
(c) a member of the Parliament of the Commonwealth or of a State, or of the legislature of a Territory;
(d) a political party, or a branch or division of a political party;
(e) a candidate or group of candidates in an election referred to in paragraph (a);
(f) an issue submitted or otherwise before, or likely to be submitted or otherwise before, electors in such an election;
"referendum" means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced;
"Senate election" has the same meaning as in the Commonwealth Electoral Act 1918;".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 6
Functions and powers of Tribunal

6. Section 16 of the Principal Act is amended by inserting after paragraph (1) (c) the following paragraphs:
"(ca) by order, to determine guidelines to be observed by a licensee within the meaning of Part IIID in respect of the hours during which, and the manner in which, policy launches of political parties are to be broadcast;
"(cb) by order, to determine guidelines, not inconsistent with the regulations, to be observed by a broadcaster in respect of the days and times when, and the manner in which, election broadcasts within the meaning of Division 3 of Part IIID are to be made;".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 7

7. After Part IIIC of the Principal Act the following Part is inserted:
"PART IIID - POLITICAL BROADCASTS
"Division 1 - Introductory
Application and operation
"95. (1) This Part applies to a licensee whether the licence or permit held by the licensee was granted before or after the commencement of this Part.
"(2) It is the intention of the Parliament that the several provisions of this Part should operate to the extent to which they are capable of validly operating.
"Division 2 - Political advertisements, etc.
Certain broadcasts not prevented
"95A. (1) Nothing in this Part prevents a broadcaster from broadcasting:
(a) an item of news or current affairs, or a comment on any such item; or
(b) a talkback radio program.
"(2) Nothing in this Part prevents the holder of a public radio licence who provides a service for visually handicapped persons from broadcasting any material that he or she is permitted to broadcast under section 119AB.
"(3) Nothing in this Part prevents a broadcaster from broadcasting an advertisement for, or on behalf of, a charitable organisation if:
(a) the advertisement is aimed at promoting the objects of the organisation; and
(b) the advertisement does not explicitly advocate voting for or against a candidate in an election or a political party.
"(4) Nothing in this Part prevents a broadcaster from broadcasting public health matter, whether by way of advertisement or otherwise.
"(5) In this section:
"charitable organisation" means a public organisation whose objects are to benefit the public through the relief of poverty, or the advancement of education, religion, public health or science;
"public health matter" means any matter relating to public health, other than matter that:
(a) directly or indirectly promotes or criticises a particular public health system; or
(b) explicitly advocates voting for or against a candidate in an election or a political party.
Certain matter not to be broadcast during Commonwealth elections etc.
"95B. (1) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Commonwealth.
"(2) A broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a Territory.
"(3) A broadcaster must not, during the election period in relation to an
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election or a referendum, broadcast a political advertisement for or on behalf of a government, or a government authority, of a State.
"(4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election or a referendum, broadcast a political advertisement:
(a) for or on behalf of a person other than a government or government authority; or
(b) on his or her own behalf.
"(5) Where the election concerned is a by-election, this section is taken to apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the service area.
"(6) In this section:
"election" means an election to the Parliament of the Commonwealth;
"political advertisement" means an advertisement that contains political matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election or referendum concerned; or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit reference to, or comment on, any of the following:
(a) the election or referendum concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;
(d) the government, the opposition, or a previous government or opposition, of the Commonwealth;
(e) a member of the Parliament of the Commonwealth;
(f) a political party, or a branch or division of a political party.
Certain matter not to be broadcast during Territory elections
"95C. (1) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of that Territory.
"(2) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of the government, or a government authority, of another Territory.
"(3) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of the government, or a government authority, of the Commonwealth.
"(4) A broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement for or on behalf of a government, or a government authority, of a State.
"(5) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election to the legislature, or to a local government authority, of a Territory, broadcast a political advertisement:
(a) for or on behalf of a person other than a government or government authority;
(b) on his or her own behalf.
"(6) Where the election concerned is a by-election, this section is taken to apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it overlaps with the service area.
"(7) In this section:
"political advertisement" means an advertisement containing political matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election concerned; or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit reference to, or comment on, any of the following:
(a) the election concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;

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(d) the government, the opposition, or a previous government or opposition, of the Territory in which that election is held;
(e) a member of the legislature of that Territory;
(f) a political party, or a branch or division of a political party.
Political advertisements not to be broadcast during State elections
"95D. (1) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of the Commonwealth.
"(2) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a Territory.
"(3) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a State.
"(4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election, broadcast a political advertisement:
(a) for or on behalf of a person other than a government or government authority; or
(b) on his or her own behalf.
"(5) Where the election concerned is a by-election, this section is taken to apply only to broadcasting:
(a) in the case of a broadcast made as part of a broadcasting service without a service area - to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and
(b) in the case of a broadcast made as part of a broadcasting service with a service area - to the area in which the relevant electoral district, or any part of it overlaps with the service area.
"(6) In this section, unless the contrary intention appears:
"election" means an election to a State Parliament or to a local government authority of a State;
"political advertisement" means an advertisement containing political matter;
"political matter" means:
(a) matter intended or likely to affect voting in the election concerned; or
(b) matter containing prescribed material;
but does not include exempt matter;
"prescribed material" means material containing an express or implicit reference to, or comment on, any of the following:
(a) the election concerned;
(b) a candidate or group of candidates in that election;
(c) an issue submitted or otherwise before electors in that election;
(d) the government, the opposition, or a previous government or opposition, of the State in which that election is held;
(e) a member of the Parliament of that State;
(f) a political party, or a branch or division of a political party.
Some matter not to be broadcast during certain other periods
"95E. (1) If, when a prescribed day in relation to the Parliament of the Commonwealth occurs, it does not do so during the election period in relation to an election to the Parliament, a broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Commonwealth during the period that starts on that day and ends immediately before the next election period starts.
"(2) If, when a prescribed day in relation to the legislature of a Territory (other than the Australian Capital Territory) occurs, it does not do so during the election period in relation to an election to the legislature, a broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of that Territory during the period that starts on that day and ends immediately before the next election period starts.
"(3) A broadcaster must not broadcast any matter (other than exempt matter) for or on behalf of the government, or a government authority, of the Australian Capital Territory during the period that:
(a) starts 3 calendar months before the day on which the Legislative Assembly for the Australian Capital Territory is next due to expire; and
(b) ends immediately before the start of the election period in relation to the next ordinary election to the Legislative Assembly.
"(4) In this section:
"election" does not include a by-election;
"prescribed day" means:
(a) in relation to the Parliament of the Commonwealth - the day that occurs 3 calendar months before the day on which the House of Representatives is next due to expire; and
(b) in relation to the legislature of a Territory - the day that occurs 3 calendar months before the day on which the legislature is next due to expire.
"Division 3 - Free election broadcasting time
Application of Division to radio broadcasts

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"95F. (1) Nothing in this Division is to be treated as requiring or permitting the Service or a licensee to broadcast an election broadcast by radio.
"(2) Nothing in this Division is to be treated as requiring the Corporation to broadcast an election broadcast by radio other than on its metropolitan and regional AM networks.
"(3) Despite section 95G, the Corporation may broadcast by radio a broadcast that complies with paragraphs 95G (a) to (e), inclusive, but which lasts for longer than 1 minute, and any such broadcast is taken to be an election broadcast for the purposes of this Division.
"(4) Despite anything in this Division, the Corporation may determine the times when it broadcasts election broadcasts by radio.
Election broadcasts
"95G. Subject to section 95F, a broadcast made on behalf of a political party, a candidate or a group in relation to an election is, for the purposes of this Division, taken to be an election broadcast if, and only if:
(a) the broadcast is of an advertisement that consists of words spoken by a single speaker (without dramatic enactment or impersonation) accompanied, where the advertisement is televised, by a transmitted image that consists of the head and shoulders of the speaker; and
(b) the broadcast does not include any other image, or includes a single additional static background image only; and
(c) no other vocal sounds are included in the broadcast; and
(d) the speaker is a candidate in the election or a member of the Parliament of the Commonwealth or a State, or of a legislature of a Territory; and
(e) if section 117 applies - the required particulars within the meaning of that section are announced by the person who speaks the words of the advertisement; and
(f) the broadcast lasts for:
(i) in the case of a televised broadcast - 2 minutes; and
(ii) in the case of a broadcast by radio - 1 minute; and
(g) the broadcast is made using a unit of free time allocated to the broadcaster under section 95P.
Automatic grant of free time to certain parties
"95H. (1) The Tribunal must, within the prescribed period in relation to an election, grant a period of free time to each political party that:
(a) was represented by one or more members in the relevant Parliament or legislature immediately before the end of the last sittings of that Parliament or legislature held before the election; and
(b) is contesting the election with at least the prescribed number of candidates.
"(2) The total free time period to be granted to political parties under subsection (1) is the period equal to 90% of the total time in respect of the election, and the Tribunal must grant each of those parties such part of that total free time period as it determines in accordance with the regulations.
"(3) Regulations made for the purposes of subsection (2) must, so far as is practicable, give effect to the principle that the amount of free time granted to each party should bear the same proportion to the total free time period mentioned in that subsection as the number of formal first preference votes obtained by that party or its candidates at the last election to the relevant Parliament or legislature bears to the total number of such votes obtained by all of the parties mentioned in subsection (1) or their candidates at that last election.
"(4) In this section:
"election" means an election (other than a by-election) to:
(a) the Parliament of the Commonwealth; or
(b) the legislature of a Territory; or
(c) a State Parliament;
"total time", in relation to an election, means the total free time available in respect of the election, being a time worked out in accordance with the regulations.
Regulations for the purposes of section 95H
"95J. This Part does not apply in relation to an election to the Parliament of the Commonwealth or of a State, or in relation to an election to the legislature of a Territory until regulations are made for the purposes of section 95H that relate to that election.
Applications for grant of free time
"95K. (1) The chief executive officer of a political party (other than a political party to which section 95H applies), or any other person or group of persons, may apply to the Tribunal for a grant of free time in relation to an election (other than a by-election) to:
(a) the Parliament of the Commonwealth; or
(b) the legislature of a Territory; or
(c) a State Parliament.
"(2) An application must be in the approved form and made in accordance with the regulations.
Grant of free time on applications in relation to Senate elections
"95L. (1) If, on receipt of an application by a person for a grant of free time in relation to a Senate election, the Tribunal is satisfied that:

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(a) the person is a candidate in the election; and
(b) the person was a member of the Senate immediately before the end of the last sittings of the Senate held before the election; and
(c) the person is not a member of a political party to whom a grant of free time has been made under section 95H;
the tribunal must grant the person a period of free time.
"(2) The period to be granted to a person under this section is a period determined by the Tribunal in accordance with the regulations, being a period equal to not less than 5% of the total time in respect of the election nor more than 10% of that total time.
"(3) If the Tribunal is required under this section to grant a period of free time to 2 or more persons, the Tribunal must divide the period determined under subsection (2) between them in accordance with the regulations.
"(4) In this section:
"total time" has the same meaning as in section 95H.

Grant of free time on other applications
"95M. (1) If, on receipt of an application for the grant to a political party of a period of free time in relation to an election, the Tribunal is satisfied that the party has endorsed one or more candidates to contest the election, the Tribunal may, subject to the regulations, grant the party a period of free time determined in accordance with the regulations.
"(2) If, on receipt of an application for the grant to a person or a group of persons (other than a person or persons to whom section 95L applies) of a period of free time in relation to an election, the Tribunal is satisfied that the person, or each of the persons, is a candidate in the election, the Tribunal may grant the person or group a period of free time in accordance with the regulations.
Notification of grants
"95N. (1) The Tribunal must, in accordance with the regulations, notify:
(a) the chief executive officer of each political party to which a period of free time has been granted; and
(b) every other person to whom such a period has been granted;
of the period so granted.
"(2) If the Tribunal refuses to grant an application under section 95L or 95M, the Tribunal must, in accordance with the regulations, notify the applicant accordingly and specify its reasons for refusing the application.
"(3) The Tribunal must cause a notice to be published in the Gazette specifying:
(a) the political parties and persons to whom a period of free time has been granted; and
(b) the period that has been granted to each of them.

Allocation to broadcasters
"95P. (1) The Tribunal must divide each period of free time granted under this Division into units of free time in accordance with the regulations.
"(2) If the division of a period of free time granted to a political party, person or group under this Division results in a number of whole units and part of a unit, the Tribunal must, in accordance with the regulations, distribute that part of a unit to or between any other political parties, persons or groups granted a period of free time under this Division.
"(3) The Tribunal must, in accordance with the regulations, allocate units of free time to broadcasters.
Broadcasting of election broadcasts
"95Q. (1) Subject to this section, where one or more units of free time are allocated to a broadcaster under section 95P, the broadcaster must make the unit or units available for use in making one or more election broadcasts during the election period for the election on behalf of the political party, person or group to whom the time is granted.
"(2) Subject to this section, the broadcaster must use the units in accordance with the regulations and any guidelines determined by the Tribunal.
"(3) A broadcaster must not make an election broadcast in relation to an election before the close of nominations for the election.
"(4) Subject to this section, a broadcaster must make, during the election period in relation to an election, at least:
(a) in the case of an election to the Parliament of the Commonwealth - 3 election broadcasts by television on each day on which the broadcaster is required to use units of free time allocated to it to make an election broadcast; and
(b) in the case of an election to the legislature of a Territory - the prescribed number of election broadcasts by television on each such day; and
(c) in the case of an election to a State Parliament - 2 election broadcasts by television on each such day.
"(5) A broadcaster who is required to make an election broadcast must do so free of charge.
"(6) A broadcaster is not required to make a unit or units of free time available under subsection (1):
(a) if the political party, person or group to whom the time is granted notifies the broadcaster that he, she or it does not intend to use the time; or
(b) in the prescribed circumstances.

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"(7) A licensee who is required to make an election broadcast is entitled to such additional broadcasting time, for the purpose of broadcasting other material, as is determined in accordance with the regulations.
Appeals
"95R. If the Tribunal makes a decision refusing an application under section 95L or 95M for the grant of free time to a political party, person or group of persons, the party, person or persons may appeal to the Federal Court of Australia against the decision.
"Division 4 - Policy launches
Broadcasting policy launches
"95S. (1) Where:
(a) a political party has endorsed one or more candidates for the purposes of an election to the Parliament of the Commonwealth or to a legislature of a Territory; and
(b) the political party is represented by one or more members of that Parliament or legislature, or was so represented during the last sittings of the Parliament or legislature held before the election; and
(c) the party's chief executive officer, by written request, asks a broadcaster to broadcast the party's policy launch in relation to the election;
the broadcaster may broadcast that policy launch once during the election period in relation to the election.
"(2) Where:
(a) a political party has endorsed one or more candidates for the purposes of an election to a State Parliament; and
(b) the political party is represented by one or more members of that Parliament, or was so represented during the last sittings of the Parliament held before the election; and
(c) the party's chief executive officer, by written request, asks a broadcaster to broadcast the party's policy launch in relation to the election;
the broadcaster may broadcast that policy launch once during the election period in relation to the election.
"(3) If a broadcaster broadcasts the policy launch of a political party in relation to an election, the broadcaster must give a reasonable opportunity to every other political party that:
(a) has endorsed one or more candidates for the purposes of the election; and
(b) is represented by one or more members of the relevant Parliament, or was so represented during the last sittings of the Parliament held before the election;
for the broadcasting of the party's policy launch.
"(4) A broadcast under this section must be made free of charge and must not last for longer than 30 minutes.
"(5) A broadcaster must not broadcast a political party's policy launch in relation to an election more than once.
"(6) A broadcaster must not broadcast a political party's policy launch in relation to an election otherwise than under this section.
"(7) This section does not prevent the broadcasting of an excerpt of reasonable length from a political party's policy launch as part of a news report or current affairs program even if the policy launch has been previously broadcast under this section.
"(8) In this section:
"election" does not include a by-election;
"political party" does not include a State branch or a local branch of a political party.
"Division 5 - Miscellaneous
Tribunal to consider certain applications, complaints etc. immediately
"95T. Where an application is made to the Tribunal, or the Tribunal receives a complaint or information, about a contravention, or an alleged contravention, of section 95B, 95C, 95D, 95E or 95S, the Tribunal must take all reasonable steps to ensure that the application, complaint or information is considered and dealt with immediately.
Powers of Federal Court of Australia
"95U. (1) On application by the Tribunal, the Federal Court of Australia may make such orders as it thinks necessary or expedient for the purpose of preventing, or preventing a repetition of, a contravention of section 95B, 95C, 95D, 95E or 95S.
"(2) An order may be made under subsection (1) whether or not any other proceedings have been or are to be instituted.
"(3) The Court may, if it thinks fit, grant an interim order pending the determination of an application under subsection (1).
"(4) In addition to its other powers under this section, the Court may:
(a) for the purpose of securing compliance with any other order under this section, make an order directing a person to do, or not to do, a specified act; and
(b) make such ancillary or consequential orders as the Court thinks just.
"(5) The Court may, by order, rescind, vary, suspend the operation of, or discharge an order under this section.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 8

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Broadcasting or televising of political matter or controversial matter

8. Section 116 of the Principal Act is amended:
(a) by omitting from subsection (1) "only to this section" and substituting "to this Act";
(b) by inserting in subsection (4) "(being advertisements that the licensee would otherwise be permitted to broadcast under this Act)" before "during that relevant period";
(c) by inserting "that a licensee is permitted to broadcast under this Act (other than the policy launch of a political party), being matter" after "means matter" in the definition of "election matter" in subsection (6);
(d) by omitting from subsection (6) the definition of "election period";
(e) by inserting in subsection (6) the following definition:
"political matter" means any political matter, including the policy launch of a political party, that the Corporation is permitted to broadcast under this Act.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 9
Identification etc. in relation to political matter

9. Section 117 of the Principal Act is amended:
(a) by omitting "within the meaning of section 116 and was broadcast during the election period in relation to the election" from paragraph (b) of the definition of "required period" in subsection (4) and substituting "or referendum and was broadcast during the election period in relation to the election or referendum";
(b) by omitting subparagraph (b) (ii) of that definition and substituting the following subparagraph:
"(ii) 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;";
(c) by omitting from subsection (4) the definitions of "election" and "political matter" and substituting respectively the following definitions:
"election" means an election to a Parliament or a local government authority of a State or Territory;
"political matter" means any political matter, including the policy launch of a political party, that the Corporation or licensee is permitted to broadcast under this Act;";
(d) by omitting from subsection (4) the definitions of "election period" and "referendum".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 3
PART 3 - AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 10
Principal Act

10. In this Part, "Principal Act" means the Commonwealth Electoral Act 1918.*2* *2* No. 27, 1918, as amended. For previous amendments, see No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 10, 1924; No. 20, 1925; No. 17, 1928; No. 2, 1929; No. 9, 1934; No. 19, 1940; No. 42, 1946; No. 17, 1948; Nos. 10 and 47, 1949; No. 106, 1952; No. 79, 1953; No. 26, 1961; No. 31, 1962; Nos. 48 and 70, 1965; Nos. 32 and 93, 1966; No. 7, 1973; No. 38, 1974; No. 56, 1975; Nos. 14 and 116, 1977; No. 19, 1979; Nos. 102 and 155, 1980; No. 176 (as amended by No. 26, 1982), 1981; No. 80, 1982; Nos. 39, 84 and 144 (as amended by No. 45, 1984), 1983; Nos. 45, 46, 120 and 133, 1984; Nos. 67, 166 and 193, 1985; Nos. 35, 141 and 184, 1987; Nos. 87, 99 and 109, 1988; No. 159, 1989 and No. 24. 1990.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 11
Reports by Commission

11. Section 17 of the Principal Act is amended:
(a) by inserting after subsection (2) the following subsections:
"(2A) A report under subsection (2) in relation to an election must include a list of the names of all persons who, in the opinion of the Commission, are or may be required to furnish a return under subsection 305 (1) or 309 (4) in relation to that election.
"(2B) The Commission may prepare and furnish to the Minister, otherwise than under subsection (2), such reports on the operation of Part XX as the Commission thinks appropriate.
"(2C) Subject to section 17A, the Commission must include in any report under this section particulars of the operation of subsection 316 (2A) since the preparation of the last report under this section that included particulars of the operation of that subsection.";
(b) by omitting from subsection (4) "or (2)" and substituting ", (2) or (2B)";
(c) by adding at the end the following subsection:
"(5) A report under this section need not include particulars of a matter if those particulars have been included in an earlier report under this section.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 12

12. After section 17 of the Principal Act the following section is inserted:
Certain particulars not to be included in reports
"17A. (1) A report under section 17 must not include particulars of any information given in evidence or contained in documents or other things produced in compliance with a notice under subsection 316 (2A), being a notice
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served on a prescribed person or an officer of a prescribed person, unless, in the opinion of the Electoral Commission, the information relates to an offence that has, or may have been, committed against section 315.
"(2) In this section:
"prescribed person" means a person whose name is included in a list in a report mentioned in subsection 17 (2A).".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 13
Interpretation

13. Section 303 of the Principal Act is amended by omitting subsection (4).

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 14
Disclosure of gifts

14. Section 304 of the Principal Act is amended:
(a) by omitting subsection (1);
(b) by omitting from subsection (5) "(1)," (wherever occurring);
(c) by omitting from subsection (5) "political party, of a State branch of a political party or of a";
(d) by omitting paragraph (5) (a);
(e) by omitting from subsection (6) "(a) (ii) or" and "(1),";
(f) by omitting paragraph (6) (a);
(g) by omitting subsection (7).

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 15
Expenditure incurred for political purposes

15. (1) Section 305 of the Principal Act is amended:
(a) by omitting from subsection (1) "in relation to the election" (wherever occurring);
(b) by inserting after subsection (2) the following subsection:
"(2A) For the purposes of this section, a person is taken to have incurred expenditure for a political purpose if, during the disclosure period in relation to an election, the person incurs the expenditure in relation to that election or any other election.";
(c) by omitting from paragraph (3) (a) "in relation to an election";
(d) by omitting from subparagraph (3) (a) (ii) and (iv) "the election" and substituting "an election".
(2) If section 305 of the Principal Act did not apply to a gift made or to expenditure incurred before the commencement of this section, that section, as amended by subsection (1), does not apply to the gift or expenditure after that commencement.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 16
Certain gifts not to be received

16. Section 306 of the Principal Act is amended:
(a) by omitting from paragraph (1) (a) "or" (last occurring);
(b) by omitting paragraph (1) (b);
(c) by omitting subsection (4).

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 17
Nil returns

17. Section 307 of the Principal Act is amended by omitting subsection (3).

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 18
Interpretation

18. (1) Section 308 of the Principal Act is amended:
(a) by adding at the end of paragraphs (1) (a), (b), (c), (d) and (e) "or";
(b) by adding at the end of subsection (1) the following word and paragraph:
"; or (h) the making of a gift by a person or organisation (other than a registered political party, a candidate in the election or a member of a group) to:
(i) any political party or State branch of a political party; or
(ii) any candidate in an election or member of a group; or
(iii) any person or body (whether incorporated or not)
specified by the Electoral Commission by notice in the Gazette";
(c) by omitting from paragraph (3) (b) "the election" and substituting "an election".
(2) If Division 5 of Part XX of the Principal Act did not apply to a gift made, or to expenditure incurred, before the commencement of this section, that Division, as amended by subsection (1), does not apply to the gift or expenditure after that commencement.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 19
Returns of electoral expenditure

19. Section 309 of the Principal Act is amended:
(a) by omitting subsection (1);
(b) by omitting subsection (5) and substituting the following subsections:
"(5) A person is not required to furnish a return under subsection (4) in respect of an election:
(a) if the total amount of the electoral expenditure incurred in relation to the election by or with the authority of the person (being electoral expenditure of the kind referred to in paragraph 308 (1) (h)) is not more than the prescribed amount; and
(b) if the total amount of the electoral expenditure incurred in relation to the election by or with the authority of the person (being electoral expenditure other than that to which paragraph (a) applies) is not more than
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$200.

"(6) A person is not required to include in a return under subsection (4) in respect of an election details of electoral expenditure incurred in relation to the election by or with the authority of the person (being electoral expenditure of the kind referred to in paragraph 308 (1) (h)) if the total amount of that expenditure is not more than the amount prescribed for the purposes of paragraph (5) (a).
"(7) A person is not required to include in a return under subsection (4) in respect of an election details of electoral expenditure incurred in relation to the election by or with the authority of the person (being electoral expenditure other than that to which subsection (6) applies) if the total amount of that expenditure is not more than $200.
"(8) Despite section 48 of the Acts Interpretation Act 1901, regulations made for the purposes of paragraph (5) (a) of this section take effect:
(a) on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act; or
(b) on such later date as is specified in the regulations.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 20

20. After section 311 of the Principal Act the following section is inserted:
Annual returns of income and expenditure of Commonwealth Departments
"311A. (1) Subject to this section, the principal officer of each Commonwealth Department must attach a statement to its annual report setting out particulars of all amounts paid by, or on behalf of, the Commonwealth Department during the financial year to:
(a) advertising agencies;
(b) market research organisations;
(c) polling organisations;
(d) direct mail organisations; and
(e) media advertising organisations;
and the persons or organisations to whom those amounts were paid.
"(2) Nothing in subsection (1) requires particulars of a payment made by a Commonwealth Department in a financial year to be included in a return if the value of the payment is less than $1,500.
"(3) The first return under this section need only contain particulars in relation to the period starting on the commencement of this section and ending on the next 30 June.
"(4) In this section:
"Commonwealth Department" means:
(a) a Department of State of the Commonwealth; or
(b) a Department of the Parliament; or
(c) a branch or part of the Australian Public Service in relation to the staff of which a person has, under an Act, the powers of, or exercisable by, a Secretary under the Public Service Act 1922;
"principal officer" means:
(a) in relation to a Department - the person holding, or performing the duties of, the office of Secretary of the Department; and
(b) in relation to a branch or part of the Australian Public Service referred to in paragraph (c) of the definition of Commonwealth Department, the person who has, under an Act, the powers of, or exercisable by, a Secretary under the Public Service Act 1922.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 21
Nil returns

21. Section 313 of the Principal Act is amended by omitting subsection (2).

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 22

22. After Division 5 of Part XX of the Principal Act the following Division is inserted:
"Division 5A - Annual returns of income and expenditure
Annual returns of income and expenditure
"314AA. (1) Subject to this section, the agent of each registered political party and of each State branch of each registered political party must, within 8 weeks after the end of each financial year, furnish to the Electoral Commission a return, in an approved form, setting out particulars of:
(a) all amounts received by, or on behalf of, the party during the financial year and the persons or organisations from whom those amounts were received; and
(b) all amounts paid by, or on behalf of, the party during the financial year and the persons or organisations to whom those amounts were paid; and
(c) the outstanding amounts, as at the end of the financial year, of all debts incurred by or on behalf of the party and the persons or organisations to whom those outstanding amounts are owed.
"(2) Subject to the regulations, subsection (1) does not require particulars of a person or organisation referred to in paragraph (1) (a) to be included in a return if the total of all amounts referred to in that paragraph received from the person or organisation is less than $1,500.
"(3) Subject to the regulations, subsection (1) does not require particulars of a person or organisation referred to in paragraph (1) (b) to be included in a return if the total of all amounts referred to in that paragraph paid to the person or organisation is less than $1,500.
"(4) Subject to the regulations, subsection (1) does not require particulars
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of a person or organisation referred to in paragraph (1) (c) to be included in a return if the total of all outstanding amounts referred to in that paragraph owed to the person or organisation is less than $1,500.
"(5) Returns provided in accordance with this section are not to include lists of party membership.
"(6) The first return under this section need only contain particulars in relation to the period starting on the commencement of this section and ending on the next 30 June.
"(7) Despite section 48 of the Acts Interpretation Act 1901, regulations made for the purposes of subsection (2) of this section take effect:
(a) on the first day on which they are no longer liable to be disallowed, or to be taken to have been disallowed, under section 48 of that Act; or
(b) on such later date as is specified in the regulations.
"(8) The particulars required to be furnished under subsection (1) of the persons and organisations referred to in paragraph (1) (a) are as follows:
(a) if the organisation is an unincorporated association:
(i) the name of the association; and
(ii) the names and addresses of the members of the executive committee (however described) of the association;
(b) if an amount referred to in paragraph (1) (a) was purportedly paid out of a trust fund or out of the funds of a foundation:
(i) the names and addresses of the trustees of the fund or of the funds of the foundation; and
(ii) the title or other description of the trust fund, or the name of the foundation, as the case requires;
(c) in any other case - the name and address of the person or organisation.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 23
Offences

23. Section 315 of the Principal Act is amended:
(a) by omitting from subsections (1), (3) and (7) "or 5" and substituting ", 5 or 5A";
(b) by omitting from paragraphs (2) (a) and (8) (a) "or 5" and substituting ", 5 or 5A".
(c) by adding at the end the following subsection:
"(11) A prosecution in respect of an offence against a provision of this section (being an offence committed on or after the commencement of this subsection) may be started at any time within 3 years after the offence was committed.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 24
Investigation etc.

24. Section 316 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
"(1) In this section:
"authorised officer" means a person authorised by the Electoral Commission under subsection (2);
"prescribed person" means a person whose name is included in a list in a report mentioned in subsection 17 (2A).";
(b) by inserting after subsection (2) the following subsection:
"(2A) An authorised officer may, for the purpose of finding out whether a prescribed person or the agent of a registered political party has complied with this Part, by notice served personally or by post on:
(a) the agent or any officer of the political party; or
(b) the prescribed person or, if the prescribed person is a body corporate, any of its officers;
as the case may be, require the agent, person or officer:
(c) to produce, within the period and in the manner specified in the notice, the documents or other things referred to in the notice; or
(d) to appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce the documents or other things referred to in the notice.";
(c) by inserting in subsections (4), (5) and (6) "(2A) or" after "subsection";
(d) by omitting from paragraph (7) (b) "subsection (3)" and substituting "this section".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 25
Records to be kept

25. Section 317 of the Principal Act is amended:
(a) by inserting ", on or after the commencement of Part 3 of the Political Broadcasts and Political Disclosures Act 1991," after "Where";
(b) by omitting "one year" and substituting "3 years".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 26

26. After section 318 of the Principal Act the following section is inserted:
Application of subsections 305 (1) and 309 (4) in certain cases
"318A. (1) If subsection 305 (1) or 309 (4) applies to a person, the fact that the person's name is not included in a list of the kind mentioned in subsection 17 (2A) does not affect that application.
"(2) Subsection 305 (1) or 309 (4) is not taken to apply to a person merely because the person's name is included in a list of the kind mentioned in
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subsection 17 (2A).".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 27
Inspection and supply of copies of claims and returns

27. Section 320 of the Principal Act is amended:
(a) by adding at the end of subsection (1) the following word and paragraph:
"; and (c) each return under Division 5A";
(b) by omitting from subsection (4) "subsection (1)" and substituting "paragraph (1) (a) or (b)";
(c) by adding at the end the following subsection:
"(5) A person is not entitled, under subsection (2), (2A) or (3), to peruse, or to obtain a copy of, a return referred to in paragraph (1) (c) until the end of September in the year in which the return is furnished.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 28
Interference with political liberty etc.

28. Section 327 of the Principal Act is amended by inserting the following subsection:
"(2) A person must not discriminate against another person on the ground of the making by the other person of a donation to a political party, to a State branch or a division of a State branch of a political party, to a candidate in an election or by-election or to a group:
(a) by denying him or her access to membership of any trade union, club or other body;
(b) by not allowing him or her to work or to continue to work;
(c) by subjecting him or her to any form of intimidation or coercion;
(d) by subjecting him or her to any other detriment.
Penalty:
(a) if the offender is a natural person - $5,000 or imprisonment for 2 years, or both; or
(b) if the offender is a body corporate - $20,000.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 29
Voiding election for illegal practices etc.

29. Section 362 of the Principal Act is amended by adding at the end the following subsection:
"(4) The Court of Disputed Returns must not declare that any person returned as elected was not duly elected, or declare any election void, on the ground that someone has contravened the Broadcasting Act 1942 or the Radiocommunications Act 1983.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 30

30. After section 386 of the Principal Act the following section is inserted: Particulars of candidates
"386A. (1) The Commission must, within the prescribed period in relation to the next general election held after the commencement of this section, cause documents to be prepared in accordance with the regulations and delivered to each household in Australia.
"(2) Each document must, as far as practicable, be printed on recycled paper.
"(3) A document delivered to a household under his section must contain relevant information about:
(a) each nominated House of Representatives candidate in the Division where the household is situated; and
(b) each nominated Senate candidate in the State or Territory where the household is situated;
together with such policy statements as are prescribed.
"(4) For the purposes of subsection (3), the following information is relevant information about a candidate:
(a) the candidate's full name;
(b) the name of the registered political party (if any) which is to be printed adjacent to the candidate's name on the ballot paper for the forthcoming election under section 214;
(c) prescribed information (if any) about the candidate's qualifications, career, occupation and interests, being information supplied by the candidate to the Commission.
"(5) A document under this section must also contain:
(a) if a candidate to which it relates supplies the Commission with a photograph of the candidate - a black and white reproduction of the photograph in the prescribed form; or
(b) if no such photograph is supplied by a candidate, but the candidate supplies instead what purports to be a depiction of the logo of the registered political party which is to be printed adjacent to the candidate's name on the ballot paper for the forthcoming election under section 214 - a black and white reproduction of that depiction in the prescribed form.
"(6) Any failure by the Commission to comply with this section, or anything contained in any document delivered under this section, has no effect:
(a) on the general election referred to in subsection (1) or on any Senate election conducted at the same time as that general election; or
(b) on the election of any person as a member of the House of Representatives or as a Senator as a result of such an election.
"(7) No civil or criminal action or proceeding of any kind lies against the Commission or any other person (other than a candidate) or body in relation to
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the preparation, publication or delivery of any document under this section, or in relation to any matter contained in any such document.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 31
Application to A.C.T. elections

31. Despite anything in this Act, Part XX of the Principal Act, as that Part applied to general elections of members of the Legislative Assembly for the Australian Capital Territory immediately before the commencement of this section, continues so to apply to those general elections on and after that commencement as if the amendments of that Part by this Act had not been enacted.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 4
PART 4 - AMENDMENTS OF THE RADIOCOMMUNICATIONS ACT 1983

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 32
Principal Act

32. In this Part, "Principal Act" means the Radiocommunications Act 1983.*3* *3* No. 130, 1983, as amended. For previous amendments, see No. 165, 1984; Nos. 65, 67 and 119, 1985; No. 76, 1986; No. 69, 1987; Nos. 36 and 99, 1988; Nos. 59 and 63, 1989 and No. 28, 1991.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 33
Conditions to which transmitter licence is subject

33. Section 25 of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsection:
"(1A) Sections 95B, 95C, 95D, 95E and 95Q of the Broadcasting Act 1942 are to be treated as conditions of any transmitter licence (whether granted before or after the commencement of this section) that relates to a multipoint distribution station and, for that purpose:
(a) references in those sections to a broadcaster are taken to be references to the holder or the transmitter licence; and
(b) references to broadcasting are taken to be references to a transmission by the operation of the transmitter to which the licence relates; and
(c) references to a broadcasting service are taken to be references to the transmission service provided by the holder of the transmission licence.";
(b) by inserting in subsection (2) "or (1A)" after "subsection (1)";
(c) by omitting subsection (9) and substituting the following subsection:
"(9) In this section:
"operate", in relation to a transmitter, includes operate in a manner likely to cause interference, or risk of interference, to radiocommunications;
"multipoint distribution station" has the meaning given in the Radiocommunications (Licensing and General) Regulations.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 5
PART 5 - AMENDMENT OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 34
Principal Act

34. In this Part, "Principal Act" means the Referendum (Machinery Provisions) Act 1984.*4* *4* No. 44, 1984, as amended. For previous amendments, see Nos. 120 and 133, 1984; No. 67, 1985; Nos. 77 and 81, 1988 and No. 24, 1990.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 35

35. After section 108 of the Principal Act the following section is inserted:
Certain other matters not to invalidate referendum
"108A. A referendum, or a return or statement showing the voting at a referendum, must not be declared void on the ground that someone has contravened the Broadcasting Act 1942 or the Radiocommunications Act 1983.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - PART 6
PART 6 - AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 36
Principal Act

36. In this Part, "Principal Act" means the Income Tax Assessment Act 1936.*5* *5* No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and 175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49, 51, 54 and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984; No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123, 168 and 174, 1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 51, 109, 112 and 154, 1986; No. 49, 1986 (as amended by No. 141, 1987); No. 52, 1986 (as amended by No. 141, 1987); No. 90, 1986 (as amended by No. 141, 1987); Nos. 23, 58, 61, 120, 145 and 163, 1987; No. 62, 1987 (as amended by No. 108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as amended by No. 11, 1988); No. 139, 1987 (as amended by Nos. 11 and 78, 1988); Nos. 8, 11, 59, 75, 78, 80, 87, 95, 97, 127 and 153, 1988; Nos. 2, 11, 56, 70, 73, 105, 107, 129, 163 and 167, 1989; No. 97, 1989 (as amended by No. 105, 1989); Nos. 20, 35, 45, 57, 58, 60, 61, 87, 119 and 135, 1990; and Nos. 4, 5, 6, 48, 55 and 100, 1991.

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 37

37. Section 51 of the Principal Act is amended by inserting after subsection (7) the following subsection:
"(7A) The total deduction allowable to a taxpayer under paragraph 78 (1) (aaa) in a year of income shall be limited to $100.".

POLITICAL BROADCASTS AND POLITICAL DISCLOSURES ACT 1991 No. 203, 1991 - SECT 38
Contributions, pensions, etc.

38. (1) Section 78 of the Principal Act is amended:
(a) by inserting after paragraph (1) (a) the following paragraph:
"(aaa) contributions (not being testamentary contributions) of the value of $2 and upwards of money or of property other than money which was purchased by the taxpayer within 12 months immediately preceding the making of the contribution, made by the taxpayer (where the taxpayer is not a company) in the year of income to a registered political party within the meaning of the Commonwealth Electoral Act 1918;";
(b) by omitting from subsections (1A) and (2) "paragraph (1) (a)" and substituting "paragraph (1) (a) or (aaa)".
(2) The amendments made by subsection (1) apply to contributions made on or after 1 July 1991.