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Political Broadcasts (New South Wales) Regulations

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1991 No. 489*1* POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS
These Regulations were deemed to be disallowed by the Senate at the expiration of 26 May 1992
*1*Notified in the Commonwealth of Australia Gazette on 3 January 1992. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Political Broadcasts (New South Wales) Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.) 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 2
Interpretation
2. In these Regulations, unless the contrary intention appears: "1991 election" means the election held on 25 May 1991; "Act" means the Broadcasting Act 1942; "campaign period" means the period beginning on the third Saturday before the day on which the election is held and ending at midnight on the Wednesday immediately before the election is held; "candidate" means an individual who is a candidate for the next election; "election" means an election to the Parliament, but does not include a by-election; "eligible broadcaster": (a) means a broadcaster other than the Service; and (b) includes each of the Corporation's television stations and metropolitan and regional AM networks in New South Wales; "formal first preference votes", in relation to a political party or an independent candidate, means an amount calculated by: (a) adding the total number of votes obtained by the party or the candidate at the 1991 election in relation to both Houses of the Parliament; and (b) dividing the total obtained in paragraph (a) by 2; "independent candidate" means a candidate who does not represent a political party; "new party", in relation to an election, means a political party that was not represented in the Parliament immediately before the end of its last sittings held before the election; "next election" means the first election to the Parliament held after the day on which these Regulations commence; "Parliament" means the Parliament of New South Wales; "represented party", in relation to an election, means a political party that was represented by 1 or more members in the Parliament immediately before the end of its last sittings held before the next election; "total voting share" means the sum of the voting shares of all represented parties that are contesting the next election with at least the number of candidates set out in subregulation 4 (1); "voting share", in relation to a represented party, means the percentage of formal first preference votes cast at the 1991 election: (a) for the party; and (b) given to, or taken from, the party under regulation 5. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 3
What is the prescribed period in relation to the next election?
3. For the purposes of subsection 95DD (1) of the Act, the prescribed period in relation to the next election is the period beginning when writs for the election are issued and ending at midnight on the Wednesday immediately before the election is held. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 4
What is the minimum number of candidates that must contest the
next election for a represented party?
4. (1) For the purposes of paragraph 95DD (1) (b) of the Act, the prescribed number of candidates in relation to a represented party is 33. (2) Subregulation (3) applies to a represented party if: (a) in the Parliament immediately before the end of its last sittings held before the next election, the party acted under a formal coalition agreement with 1 or more other parties; and (b) the party contests the next election under that agreement. (3) For the purposes of subregulation (1), the party is taken to contest the next election with the total number of candidates contesting the election for all parties under the coalition agreement. (NOTE: The effect of subsection 95DD (1) of the Act is that the Tribunal must grant a period of free time to a represented party that is contesting the next election with at least the prescribed number of candidates.) 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 5
How is free time granted to a represented party?
5. (1) For the purposes of subsection 95DD (2) of the Act, the amount of free time to which a represented party is entitled is calculated in the following manner: Step 1 Identify each Member of Parliament who: (a) was a member of a represented party (the "current party") in the Parliament immediately before the end of its last sittings held before the next election; and (b) was elected at the 1991 election as: (i) an independent candidate; or (ii) a candidate for a political party other than his or her current party. He or she is a "transferring Member". Step 2 If a transferring Member was an independent candidate for election to the Parliament at the 1991 election: (a) identify the number of formal first preference votes that he or she received at the 1991 election; and (b) give the votes to his or her current party for the purpose of calculating its voting share. This step applies whether or not the Member is contesting the next election. Step 3 If a transferring Member was a candidate for election to the Parliament for a political party at the 1991 election: (a) divide the number of formal first preference votes that the party received at the 1991 election by the number of candidates elected to the Parliament; and (b) give the number of votes obtained under paragraph (a) to the current party for the purpose of calculating its voting share. This step applies whether or not the Member is contesting the next election. If the party referred to in paragraph (a) contested the 1991 election under a formal coalition agreement, the reference in that paragraph to the number of formal first preference votes that the party received does not include formal first preference votes obtained by other parties in the agreement. For the purpose of calculating the voting share of the party that the transferring Member represented at the 1991 election, take the number of votes obtained under paragraph (a) from the number of formal first preference votes that it received at the 1991 election. Step 4 After votes have been given in relation to all transferring Members, calculate an amount of free time for each party using the formula: total time x 0.9 x party's voting share total voting share. Step 5 Reduce the amount obtained in Step 4 to the nearest whole number that is evenly divisible by the number of broadcasters that are required to make broadcasts in the campaign period. This is the amount of free time to be granted to the party. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 6
What is the total free time available in respect of the next election?
6. For the purposes of subsection 95DD (4) of the Act, the total time available for the next election is a number of minutes calculated using the formula: number of eligible broadcasters x 160. (NOTE: The total time is the sum of an amount of 4 minutes of free time: (a) for each eligible broadcaster; and (b) for each day on which the eligible broadcasters are required to use units of free time.) 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 7
How to make an application for a grant of free time
7. For the purposes of subsection 95DF (2) of the Act, an application: (a) by the chief executive officer of a political party to which regulation 5 does not apply; or (b) by an independent candidate; for a grant of free time must be received by the Tribunal in the period that commences when writs for the next election are issued and ends at the end of the day on which nominations close. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 8
How is free time granted to a party to which regulation 5 does not apply
or to an independent candidate?
8. (1) For the purposes of section 95DH of the Act, the order in which: (a) political parties to which regulation 5 does not apply; and (b) independent candidates; will be granted free time is as follows: First A represented party that is contesting the election with fewer than 12 candidates, or an independent candidate who was a Member of the Parliament immediately before the end of its last sittings held before the 1992 election. If this circumstance applies to more than 1 party or candidate, the first party or candidate to be granted free time is the one that received the greater or greatest percentage of formal first preference votes in the 1991 election, followed by the other parties and candidates in descending order of percentage of formal first preference votes. If more than 1 party or candidate has the same percentage of formal first preference votes, the order in which they will be granted free time will be determined by a ballot conducted by the Tribunal. Second A new party that: (a) contested the 1991 election; and (b) received at least 4% of the formal first preference votes cast at that election. If this circumstance applies to more than 1 party, the first party to be granted free time is the one that received the greater or greatest percentage of formal first preference votes in the 1991 election, followed by the other parties in descending order of percentage of formal first preference votes. If more than 1 party has the same percentage of formal first preference votes, the order in which they will be granted free time will be determined by a ballot conducted by the Tribunal. Third An independent candidate who: (a) was not a member of the Parliament immediately before the end of its last sittings held before the next election; and (b) contested the 1991 election; and (c) received at least 4% of the formal first preference votes cast at that election. If this circumstance applies to more than 1 candidate, the first candidate to be granted free time will be determined by a ballot conducted by the Tribunal. Fourth A new party that: (a) contested the 1991 election; and (b) received less than 4% of the formal first preference votes cast at that election. If this circumstance applies to more than 1 party, the first party to be granted free time is the one that received the greater or greatest percentage of formal first preference votes in the 1991 election, followed by the other parties in descending order of percentage of formal first preference votes. If more than 1 party has the same percentage of formal first preference votes, the order in which they will be granted free time will be determined by a ballot conducted by the Tribunal. Fifth A new party that did not contest the 1991 election. If this circumstance applies to more than 1 party, the first party to be granted free time is the one with more or the most number of candidates, followed by the other parties in descending order of number of candidates. If more than 1 party has the same number of candidates, the order in which they will be granted free time will be determined by a ballot conducted by the Tribunal. Sixth Other independent candidates. If this includes more than 1 candidate, the order in which they will be granted free time will be determined by a ballot conducted by the Tribunal. (2) 2 minutes of free time for each eligible broadcaster will be granted to each political party or independent candidate: (a) in the order set out in subregulation (1); and (b) until the time available to be granted is less than 2 minutes for each eligible broadcaster. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 9
Notification of a grant of free time
9. For the purposes of subsection 95DJ (1) of the Act, when the Tribunal decides to grant free time to an applicant for free time, or refuses to grant free time to the applicant, the Tribunal must send a notice of its decision to the applicant at the address given in the application. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 10
How will the Tribunal create and allocate units of free time?
10. (1) For the purposes of subsection 95DK (1) of the Act, the number of units of free time in the amount of free time granted to a political party or an independent candidate is the whole number calculated using the formula: number of minutes in the amount granted 2. (2) For the purposes of subsection 95DK (2) of the Act, a part of a unit of free time calculated under subregulation (1) is to be distributed by the Tribunal in the following manner: Step 1 Add together all parts of units calculated in relation to candidates and new parties. This is "available time". Step 2 Identify political parties and independent candidates in the order in which they were identified under regulation 8. Step 3 Calculate the amount of time that must be added to the time already granted to the first political party or independent candidate on that order to increase the party's or candidate's number of units to the next whole number. Step 4 If the available time is equal to or more than the amount calculated in Step 3, distribute the time required by the political party or independent candidate and repeat Step 3 for the next political party or independent candidate in the order. If the available time is less than the amount calculated in Step 3, repeat Step 3 for the next political party or independent candidate in the order. Step 5 Repeat Steps 3 and 4 until no time already granted can be increased to the next whole number. (3) For the purposes of subsection 95DK (3) of the Act, the Tribunal must allocate units of free time by: (a) dividing the number of units by the number of eligible broadcasters; and (b) discounting parts of units that are obtained under paragraph (a); and (c) allocating an equal number of units to each eligible broadcaster until the number of units left is less than the number of eligible broadcasters; and (d) discounting units that are left over after the allocation under paragraph (c). 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 11
How must a broadcaster use a unit of free time?
11. (1) For the purposes of subsection 95DL (2) of the Act, a broadcaster must use a unit of free time: (a) in the campaign period; and (b) in the case of a unit that is to be used for a television broadcast: (i) in the period commencing at 6pm and ending at 10pm on a day other than a Sunday; and (ii) so that at least 1 broadcast is made in the period commencing at 6pm and ending at 8.32pm on a day other than a Sunday; and (iii) unless the Tribunal directs the broadcaster not to do so-at the same time that another broadcaster uses a unit in relation to the same political party or independent candidate; and (c) in the case of a unit that is to be used for a radio broadcast-in the period commencing at 8am and ending at 11am on a day other than a Sunday; and (d) as far as practicable, to transmit election broadcasts made by each political party and independent candidate to approximately the same number of viewers or listeners in the area serviced by the broadcaster; and (e) in a manner that ensures that election broadcasts commence at least 1 hour apart. (2) The broadcaster must not use a unit of free time: (a) on a Sunday; or (b) outside the period applicable to the broadcaster under subregulation (1); or (c) to transmit an election broadcast of a political party or a candidate if: (i) the broadcaster has already made a unit of free time available to a political party or an independent candidate in the campaign period; and (ii) another broadcaster has not made a unit available to the party or candidate; or (d) to allow a political party or an independent candidate to make more than 1 election broadcast on a day. (3) In addition to subregulations (1) and (2), if the number of units allocated to a broadcaster is more than the number of days in the campaign period, excluding Sundays, multiplied by 2, the broadcaster must: (a) calculate the difference between the numbers; and (b) identify a period of consecutive days (not including Sundays): (i) that ends at the end of the Wednesday immediately before the day on which the next election is held; and (ii) that is equal in number to the number calculated in paragraph (a); and (c) use 1 unit, in addition to the units that the broadcaster is required to use under paragraph 95DL (4) (c) of the Act, on each day in that period. 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 12
When is a broadcaster not required to make a unit of free time available?
12. (1) For the purposes of paragraph 95DL (6) (b) of the Act, a broadcaster is not required to make a unit of free time available to a political party unless the chief executive officer of the party: (a) gives the broadcaster a copy of the broadcast no later than: (i) if the broadcast is to be made on a weekend-noon on the Friday immediately before the weekend; or (ii) in any other case-noon on the day immediately before the day on which the broadcast is to be made; and (b) on or before the time referred to in paragraph (a), enters into a deed on behalf of the party indemnifying the broadcaster in relation to a civil action against the broadcaster in relation to the broadcast. (2) For the purposes of paragraph 95DL (6) (b) of the Act, a broadcaster is not required to make a unit of free time available to a candidate unless the candidate: (a) gives the broadcaster a copy of the broadcast no later than: (i) if the broadcast is to be made on a weekend-noon on the Friday immediately before the weekend; or (ii) in any other case-noon on the day immediately before the day on which the broadcast is to be made; and (b) on or before the time referred to in paragraph (a), enters into a deed under which the candidate indemnifies the broadcaster in relation to a civil action against the broadcaster in relation to the broadcast. (NOTE: The effect of paragraphs (1) (a) and (2) (a) is that all broadcasts must be pre-recorded.) 1991 No. 489 POLITICAL BROADCASTS (NEW SOUTH WALES) REGULATIONS - REG 13
How much additional broadcasting time is a licensee entitled to?
13. For the purposes of subsection 95DL (7) of the Act, if a licensee is subject to a restriction imposed by the Tribunal in relation to the amount of time in which the licensee may broadcast advertisements, the amount of additional broadcasting time to which the licensee is entitled for the purpose of broadcasting advertisements is equal to the amount of time required by the licensee to make election broadcasts.