79ABroadcasting of political or controversial matter

79A Broadcasting of political or controversial matter

(1) Subject to this Act, the Corporation may determine to what extent and in what manner political matter or controversial matter will be broadcast by the Corporation. Announcing required particulars (2) If the Corporation broadcasts political matter at the request of another person, the Corporation must, in accordance with any requirements determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subsection: (a) if the matter was broadcast by radio—ensure that the required particulars in relation to the matter are announced; or (b) if the matter was televised: (i) ensure that the required particulars in relation to the matter are announced; and (ii) ensure that all the required particulars in relation to the matter are transmitted in the form of images of words.

Note: The Corporation is taken to have ensured that required particulars are announced in certain circumstances (see subsection (7)).

Keeping records (3) The Corporation must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person, for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires. Meaning of authorises (4) For the purposes of this section, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting. Definitions (5) In this section:

disclosure entity has the meaning given by:

(a) section 321B of the Commonwealth Electoral Act 1918; or
(b) paragraph (e) of the definition of disclosure entity in section 110A of the Referendum (Machinery Provisions) Act 1984.

person includes a political party, a corporation and any other association (whether incorporated or unincorporated).

political matter means any political matter, including the policy launch of a political party.

registered political party means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918.

relevant town or city of an entity that authorised the broadcast of political matter means:

(a) if the entity has a principal office—the town or city in which the office is located; or
(b) if the entity does not have a principal office, but does have premises—the town or city in which the premises are located; or
(c) otherwise—the town or city in which the natural person who was responsible for giving effect to the authorisation lives.